- 12 - would be limited to traditional contractual type remedies. See United States v. Burke, supra at 234 ("A 'tort' has been defined broadly as a 'civil wrong, other than breach of contract, for which the court will provide a remedy in the form of an action for damages.'" (quoting Keeton et al., Prosser and Keeton on the Law of Torts 2 (5th ed. 1984)); Mundy v. Household Fin. Corp., 885 F.2d 542, 544 (9th Cir. 1989) (a breach of the implied covenant of good faith and fair dealing under California law is not a tort). To the extent that Harris’ payment of the $2,315,000 was intended to satisfy either the first or fifth cause of action, it will not qualify for exclusion under section 104(a)(2). As to the other three of the first five causes of action (namely, interference with contract, interference with prospective advantage, and fraud), those claims did involve a tort. None of them alleges breach of contract, and each of them, in and of itself, would, under California law, allow for the recovery of damages for emotional distress. Given that a recovery for emotional distress is not a traditional contractual type remedy, we conclude that the second through fourth causes of action satisfy the first condition for exclusion under section 104(a)(2). We turn to analyze whether petitioner received any of the $2,315,000 as compensation for those three torts so as to satisfy the second condition for exclusion under section 104(a)(2) askingPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011