CA STATECalifornia Supreme Court
1995

Freeman & Mills, Inc. v. Belcher Oil Co.

900 P.2d 669California Supreme Court • Decided 1995Voided
FLAGSHIPLiquidated DamagesCited 146 times

HOLDING

The California Supreme Court overruled a prior decision (Seaman's) that allowed contractors to sue for tort damages when another party denied a contract existed. The court found that tort recovery is not available in ordinary commercial contracts, even if the denial was made in bad faith. This means subcontractors cannot pursue tort claims solely based on a contractor's bad faith refusal to acknowledge a contract—they must rely on contract law remedies instead.

KEY FINDINGS

Liquidated Damages

You cannot sue for tort damages if someone denies your contract exists. Stick to contract breach claims instead.

FULL COURT OPINION