Week 8 Case Study

Ronald Blair

LS 311

January 8, 2013

Professor Starcher

Week 8 Case Study

Can both Allen and his corporation be held liable for this tort?

In this situation, both Greg Allen and Greg Allen construction cannot be liable for this tort. In the lawsuit, the Estelle's tried to make it a breach of contract and a Negligence Tort against Gregg Allen himself. In the case, Greg Allen Construction C. v. Estelle, 798 171 (Ind. 2003), the court noted that this remedy is popular with lawyers "Because a tort may produce more generous damages and open the door to the possibility of punitive damages, there is obvious incentive to seek to frame a contract breach as a negligence claim." Greg Allen's actions were entirely in the scope of him performing the contracted renovations...