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0 tracked cards Civil Procedure

A plaintiff loses a final judgment on the merits after suing a contractor for breach of a renovation contract. The plaintiff later sues the same contractor for negligence based on the same renovation work.
Which doctrine is most likely to bar the second suit?

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Claim preclusion bars later claims arising from the same transaction that were or could have been raised after a final judgment on the merits between the same parties or their privies. Claim preclusion is avoided whenever the plaintiff uses a new legal theory. Claim preclusion requires proof that the first judge wrote a long opinion. Claim preclusion can bind any stranger who read about the first case.

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