When and whether tort claims impermissibly duplicate breach of contract claims is a question ubiquitous in commercial litigation in New York. A plaintiff’s ability to assert a tort claim beside a breach of contract claim is no small matter. For one, a plaintiff can seek punitive damages in tort. A plaintiff’s ability to assert intentional tort claims is also significant in the context of secondary liability, as one cannot sue for aiding and abetting a breach of contract or for civil conspiracy to breach a contract.
To promote commercial certainty and avoid a deluge of unnecessary litigation, it is important to have clear, easily applicable standards that govern when and whether tort claims duplicate contract claims impermissibly.
