Wrongful Interference In A Contractual Relationship In Chicago
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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.
Monetary damages are the most likely remedy for tortious interference. However, injunctive relief can be granted when damages are an inadequate form of relief, such as when the plaintiff would suffer irreparable harm due to the defendant's ongoing interference.
Tortious interference, also known as intentional interference with contractual relations, in the common law of torts, occurs when one person intentionally damages someone else's contractual or business relationships with a third party, causing economic harm.
(1) the existence of a valid contractual relationship or business expectancy; (2) that defendants had knowledge of that relationship; (3) an intentional interference inducing or causing a breach or termination of the relationship or expectancy; (4) that defendants interfered for an improper purpose or used improper ...
Justification and privilege are affirmative defenses to tortious interference for which the defendant has the burden of proof. E.g., POL Search; Court Opinions. Affirmative defenses must be pled by the defendant and should be raised at the first opportunity to avoid the risk of waiver.
The primary remedy for misrepresentation is rescission, which places the parties in the position they would have been in, if the contract had not been made. The effect of the contract is reversed. Damages are not available for innocent misrepresentation.
Under Illinois law, the elements of a claim for tortious interference with a contract are that: The plaintiff and a third party entered into a valid and enforceable contract. The defendant knew of the contract. The defendant intentionally and unjustifiably induced the third party to breach the contract.
The plaintiff must show that a valid contract or reasonable economic expectation existed between the plaintiff and a third party. Many tortious interference cases involve a breach of contract by a third party with whom the plaintiff had an existing agreement.
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;
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.
