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Tortious Interference For In Alameda
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State:
Multi-State
County:
Alameda
Control #:
US-000303
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Tortious interference is a common law tort allowing a claim for damages against a defendant who wrongfully and intentionally interferes with the plaintiff's contractual or business relationships. See also intentional interference with contractual relations .
Tortious interference with contract arises when a defendant intentionally convinces or causes a third party to breach its contract with the plaintiff, which results in damages to the plaintiff.
Courts commonly find that a defendant may not be liable for tortious interference if it proves a defense of one of the following: 1) the protection or exercise of a legal right or interest; 2) the protection of the interests of a third person, including agents acting for the protection of their principals, trustees for ...
Thus, tortious interference is legally actionable by the aggrieved or harmed parties. Tortious interference might be present any time one party is aware (or should be aware) of a business relationship between two or more other parties and then acts in a way to disrupt that arrangement.
Lack of Causation or Damages: For a tortious interference claim to succeed, the plaintiff must prove that the defendant's actions directly caused harm. If it can be shown that the alleged interference did not result in damage, or that damages were caused by unrelated factors, this can serve as a strong defense.
Justification and privilege are affirmative defenses to tortious interference for which the defendant has the burden of proof.
An example is when a tortfeasor offers to sell a property to someone below market value knowing they were in the final stages of a sale with a third party pending the upcoming settlement date to formalize the sale writing. Such conduct is termed "tortious interference with a business expectancy".
A plaintiff must show that: (1) the defendant interfered with the plaintiff's prospective economic relationship; (2) the plaintiff would have entered that economic relationship in the absence of the defendant's conduct; (3) the plaintiff was injured; and (4) the defendant acted with the sole purpose of harming the ...
The requisite elements of tortious interference with contract claim are: (1) the existence of a valid and enforceable contract between plaintiff and another; (2) defendant's awareness of the contractual relationship; (3) defendant's intentional and unjustified inducement of a breach of the contract; (4) a subsequent ...
Tortious interference is a common law tort allowing a claim for damages against a defendant who wrongfully interferes with the plaintiff's contractual or business relationships. See also intentional interference with contractual relations.