When there is doubt as to whether an action is in assumpsit or in tort, is there a presumption that the action is a tort?
MultiRegion, United States of America
The following excerpt is from Helfand v. Gerson, 105 F.3d 530 (9th Cir. 1997):
"When there is doubt as to whether the action is in assumpsit or in tort, there is a presumption that the suit is in assumpsit." Id.; see also Osorio v. Henry Waterhouse
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