Content Spotlight: Tort or Contract?
Mark Houts 
Build your expertise with presenter Mark Houts, the authority on the issue (or at least the guy citing to authority). Experience.
If you’ve spent any time in litigation, you’ve likely encountered a case that feels like a legal chameleon. It looks like a breach of contract, but it smells like a tort.
One of the most common questions we get is: "Is breaching the duty of good faith a tort claim or a contract claim?"
The answer—as with most things in law—is: It depends.
Why the "Gray Area" is a Trap
While many practitioners assume there is a massive overlap between these two areas of law, the reality is that the overlap is surprisingly minimal. However, that small sliver of common ground is where the most complex legal battles are fought.
If you misidentify the claim, you risk:
- Statute of Limitation Issues: Tort and contract clocks often tick differently.
- Damage Caps: Choosing the wrong path could inadvertently cap the recovery for your client.
- The Dreaded MTD: A savvy defendant can spot a mislabeled claim from a mile away and file a motion to dismiss before you’ve even warmed up.
Mastering the Confluence
Our latest course, "Tort or Contract?", was designed to help you navigate this exact friction point. We’ve stripped away the fluff (and we promise, no Venn diagrams) to focus on the technical outlines of both areas of law.
Whether you are a plaintiff’s attorney drafting a petition or a defense attorney looking for the perfect grounds for a motion to dismiss, this course gives you the "distinction-spotting" skills you need to win.
What to Expect
This isn't just a dry lecture. It’s a journey through the evolution of these claims. We explore:
- The specific triggers that turn a contractual breach into a tortious act.
- Case studies on the duty of good faith.
- Practical strategies for better pleading and motion practice.
Ready to sharpen your strategy? Join us for this fun, informative exploration of the law’s most interesting intersection.