Please ensure Javascript is enabled for purposes of website accessibility
Home / Opinion Digests / Civil Practice / Civil Practice — Mislabeled Claim – Motion to Dismiss – ‘Course of Dealing’ – Implied-in-Fact Contract (access required)

Civil Practice — Mislabeled Claim – Motion to Dismiss – ‘Course of Dealing’ – Implied-in-Fact Contract (access required)

The parties agree that the complaint’s “course of dealing” claim was actually a mislabeled claim for breach of an implied-in-fact contract. The fact that a plaintiff might have mislabeled his claim is of no significance in ruling on a motion to dismiss pursuant to N.C. R. Civ. P. 12(b)(6). Defendant’s motion to dismiss is denied. Cardinal Travel ...

Leave a Reply

Your email address will not be published. Required fields are marked *

*