Is professional negligence a tort or a breach of contract?
California, United States of America
The following excerpt is from Cooper v. Ahsan, B216579, No. YC055865 (Cal. App. 2010):
"[P]rofessional negligence breaches a duty that exists only because the parties have a contractual agreement, and it has been recognized that an action for professional negligence constitutes both a tort and a breach of contract." (Loube v. Loube (1998) 64 Cal.App.4th 421, 429.)
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