CLE Online

This course offers attendees, whether in person or online, an interactive workshop on tort claims that can arise in contractual settings. Among the tort claims that will be considered are negligent and fraudulent misstatement as well as economic torts like interference with economic relations by unlawful means. Brief presentations will alternate with group discussion of factual scenarios that explore how contractual arrangements and tort obligations intersect with each other.

The issues to be discussed will include:

• Liability in negligence or in deceit for misrepresentations—when will liability fall on the company on whose behalf they were made, and when will it fall on the individual who makes them?

• Clauses limiting or excluding liability—what is the current law on how they operate in relation to tort or contract claims?

• Liability for nondisclosure—when can it arise in contract, in tort, or in fiduciary relationships?

• Contributory fault—when can it be raised in relation to breach of contract and intentional torts?

• Causation and damages—how does the law deal with them in contract and in tort?

• The economic torts relating to contractual situations—inducing breach of contract, conspiracy, and causing economic loss by unlawful means.

• Defective buildings or products—when is there liability in tort to make good the defect?