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Wrongful Interference With A Contract In Houston
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Multi-State
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Houston
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US-000303
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A breach of contract is a “violation of a contractual obligation by failing to perform one's own promise, by repudiating it, or by interfering with another party's performance.” (Black's Law Dictionary, 11th ed.) The resources listed below are not exhaustive and may not include the most up- to-date information.
The appropriate standard of proof for a breach, even when the alleged breach consists of misrepresentation or concealment of a material fact (in an insurance claim), is a preponderance of evidence rather than clear, cogent, and convincing evidence.
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.
Elements of a Breach of Contract Claim Under Texas Law existence of a valid contract; plaintiff performed or tendered performance; defendant breached the contract (did not perform his or her agreement in the contract); and. plaintiff was damaged because of the defendant's breach.
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” law in Texas explained To prove tortious interference with an existing contract, you must show that: A contract exists between you. A third party willfully and intentionally interfered with that contract; and. You suffered damages as a result.
Once the plaintiff proves that a valid contract existed, they must show that they upheld their part. After that, the plaintiff must show that the defendant did not fulfill their obligations. And finally there must be evidence of actual damages that the plaintiff suffered as a result.
Under Texas contract law, the burden is upon the party alleging a contract breach to provide evidence of a valid contract, the breach of the contract, and damages the breach caused.
2d 793, 794–95 (Tex. 1995). The elements of tortious interference with an existing contract are: 1) an existing contract subject to interference; 2) a willful and intentional act of interference with the contract; 3) that proximately caused the plaintiff's injury; and 4) caused actual damages or loss.
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.
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Since contracts are legally binding, laws exist to prevent wrongful, or tortious, interference with existing contracts. Conduct that is independently tortious or unlawful are "acts which alone would give rise to a cause of action.Tortious Interference: Contracts vs. Business. A lis pendens is absolutely privileged in an action for tortious interference of contract and does not constitute interference as a matter of law. Wrongful or tortious interference with contracts happens when a thirdparty intentionally causes a contracting party to commit a breach of contract. You will need to get your lawsuit on file within two years of when the tortious interference occurred. Tortious interference with business relations involves a third party using false claims against a business in order to drive business away. At Patterson PC, our breach of contract attorney represents clients throughout the Houston area and all of Texas. Call our firm at or fill out our online intake form for a free initial consultation. Serving the greater Houston, TX area.