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Wrongful Interference In A Business Relationship In Franklin
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State:
Multi-State
County:
Franklin
Control #:
US-000303
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One of the best examples of interference is demonstrated by the light reflected from a film of oil floating on water. Another example is the thin film of a soap bubble (illustrated in Figure 1), which reflects a spectrum of beautiful colors when illuminated by natural or artificial light sources.
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 .
Understanding Wrongful Interference Wrongful Interference with an Existing Contract: This happens when a third party knowingly causes one party to breach a legally enforceable contract. For example, persuading a supplier to break an exclusive distribution agreement to favor a competitor qualifies as interference.
Explanation. Wrongful interference with a business relationship requires three elements: 1) the third party must have knowledge of the business relationship, 2) the third party must act intentionally with the purpose of disrupting that relationship, and 3) the interference must be wrongful or improper.
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 ...
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".
Broadly speaking, interference in a legal setting is wrongful conduct that prevents or disturbs another in the performance of their usual activities, in the conduct of their business or contractual relations, or in the enjoyment of their full legal rights .
Some examples of actionable interference may include convincing a shared supplier to renege on a contract or a third party interrupting the sale of property to a business.
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 ...