This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
Tortious Interference For In Alameda
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State:
Multi-State
County:
Alameda
Control #:
US-000303
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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.
However, both California contract law and tort law allow for legal action when a third party wrongfully interferes with a contract or ongoing business relationship to the detriment of the affected party. This type of action falls under the general label of tortious interference.
Interference With Existing Contractual Relationships A contract exists between the business and another individual or business. The contract was valid. An outside (third) party had knowledge of this contract. The outside party purposefully and wrongfully disrupted the contractual relationship.
Victims of tortious interference can seek legal remedies through a tortious interference claim. Potential remedies include compensatory damages for economic harm, punitive damages for malicious conduct, and injunctive relief to prevent further interference.
To recover damages for inducing breach of contract in California, the plaintiff must prove that: The plaintiff was in a valid contractual relationship with a third party; The defendant knew of the existing contract; The defendant intended to induce the third party to breach the contract with the plaintiff;
Intent on the defendant's part to disrupt the economic relationship, or knowledge that disruption was likely because of their conduct; Disruption of the relationship; Harm to the plaintiff; and. A causal connection between the wrongful act and the harm.
Every case is obviously different but, in general, most parties to a breach of contract action agree that (1) a contract exists, (2) the contract is enforceable and not void, and (3) that they performed under the contract.
As an example, someone could use blackmail to induce a contractor into breaking a contract; they could threaten a supplier to prevent them from supplying goods or services to another party; or they could obstruct someone's ability to honor a contract with a client by deliberately refusing to deliver necessary goods.
Proving tortious interference in court is complicated. It is a complex legal issue that requires a great deal of evidence. Your best recourse is to have a business attorney who specializes in tort and contract law. Proving the legal elements of tortious interference takes experience in commercial litigation.
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Both California contract law and tort law allow for legal action when a third party wrongfully interferes with a contract or ongoing business relationship. A tortious interference lawsuit allows you to sue the noncontracting person and recover damages for intentional or negligent acts that caused economic harm.Tortious interference with a contract occurs when a third party intentionally damages the contractual between two parties. A tortious interference with contract California claim allows the recovery of damages for intentional or negligent acts resulting in economic damage. Free Consultation - Call - Richard H. Poulson helps companies with business matters in Corporate and Business cases. The court held that a plaintiff asserting a tortious interference claim involving an atwill contract must plead an independently wrongful act. Tortious interference is an intentional tort. California Supreme Court Clarifies Pleading Requirements for Claims of Tortious Interference with AtWill Contracts. When a person or business intentionally damages a business relationship or a contract you have with another business that caused or may cause economic harm. Defendants other than Chevron are foreign corporations that do not maintain their principal place of business in Alameda County.