act does not constitute a tort. lilt is possible for a tort to arise in Alabama out of a breach of a duty implied by or arising out of a contract." Brown-Marx Associates. Ltd. v. Emigrant Say. Bank, 703 F.2d 1361. 1371 (11th Cir. 1983); see also Hamner For internal use only SDNY_GM_00056898 CONFIDENTIAL - PURSUANT TO FED