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0477 Because a breach of contract action asserts the validity of the contract it is inconsistent with a claim that disputes the validity of the contract, so a plaintiff who sues a contracting party must elect between an action for breach of contract and an action for fraudulently inducing the contract; however, a plaintiff who has sued a contracting party for breach of contract can still sue a non-contracting party for fraudulently inducing the contract.CitationCROENI v GOLDSTEIN (Inconsistent Theories) 21 CA4 754 [See: CivC 3343]
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