Contract Negotiations in Business Law Case Study

Contract Negotiations in Business Law - Case Study Example The second error that is challenged by the insurance company is the circuit court's judgment affirming the defenses lodged by Jones and Lee-Curtis. The second assignment of error is dispositive. The dispute actually rests on the query as to whether Augusta Mutual's adjusted third-party motion for judgment affirmed unjust claims for fraud in the inducement and/or breach of fiduciary duty. It may also be that as Jones and Lee-Curtis challenge, which the insurance company tried to change what was in fact a breach of contract claim into actionable tort claims. The principles guiding the trial court's review is based on a judgment sustaining demurrers are well established. "The purpose of a demurrer is to determine whether a motion for judgment states a cause of action upon which the requested relief may be granted." Tronfeld v. Nationwide Mut. Ins. Co., 272 Va. 709, 712, 636 S.E.2d 447, 449 (2006) (citing Welding, Inc. v. Bland County Serv. Auth., 261 Va. 218, 226, 541 S.E.2d 909, 913 (2001)). "A demurrer tests the legal sufficiency of facts alleged in pleadings, not the strength of proof." Glazebrook v. Board of Supervisors, 266 Va. 550, 554, 587 S.E.2d 589, 591 (2003). Actually, in this case Jones when he signed the report he did it intentionally to get a commission for himself and Lee-Curtis and thus he misrepresented material