In what circumstances will a court award damages for fraud and breach of contract in the same judgment?

California, United States of America


The following excerpt is from Pat Rose Associates v. Coombe, 225 Cal.App.3d 9, 275 Cal.Rptr. 1 (Cal. App. 1990):

Likewise, in Symcox v. Zuk (1963) 221 Cal.App.2d 383, 34 Cal.Rptr. 462, the court affirmed a judgment which awarded Symcox damages on both fraud and contract actions, despite Symcox's having levied a writ of [225 Cal.App.3d 19] attachment before trial. The court found that Symcox's claims for fraud in the inducement to enter a contract and breach of that same contract violated separate primary rights and would support both tort and contract remedies in the same judgment. (Id., at pp. 389-390, 34 Cal.Rptr. 462.)

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