Can a tort claim arise independently from a breach of contract?
MultiRegion, United States of America
The following excerpt is from In re MF Global Inc., 478 B.R. 611 (Bankr. S.D.N.Y. 2012):
Turtur v. Rothschild Registry Int'l, Inc., 26 F.3d 304 (2d Cir.1994), did not involve the issue whether a tort claim arose independently of a breach of contract claim. Rather the court resolved the issue whether a choice of law and forum selection clause contained in a contract applied to both tort and contract claims. Id. at 309. The contract clause provided as follows:
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