DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Moorcroft v. Severance (2018)

Citation
Moorcroft v. Severance (2018)
Parent Document
Moorcroft v. Severance (2018)
Jurisdiction
Vermont (state)
Effective Date
2018-03-12
Original Source
https://www.courtlistener.com/opinion/10026703/moorcroft-v-severance/ ↗

Other Sections in This Document (73)

Full Text

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Moreover, the claimed unpaid rent and taxes are the core of Mr. Moorcroft’s breach of
Life Lease contract claims. “A breach for violation of the implied covenant may form a separate
cause of action than for breach of contract, as long as the counts are based on different conduct.”
Id.; see also Monahan v. GMAC Mortg. Corp., 2005 VT 110, ¶ 54 n.5, 179 Vt. 167, 893 A.2d
298 (“[W]e will not recognize a separate cause of action for breach of the implied covenant of
good faith and fair dealing when the plaintiff also pleads a breach of contract based upon the
same conduct”). Mr. Moorcroft has attempted to do that here.