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 Santa Clara
Category:
State:
Multi-State
County:
Santa Clara
Control #:
US-000303
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Word;
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FAQ
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 ...
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 ...
The elements of the tort can vary by state but generally include the following: A valid contract between the plaintiff and a third party exists. The defendant has knowledge of that contract. The defendant has the requisite intent to induce the third party to breach the contract with the plaintiff.
A tort defines a civil wrong, consisting of four essential elements: duty, wrongful act, injury, and remedy. To pursue damages for a tort, all four essential of torts must be proven. If any of these elements is missing, the tort cannot be established, and damages cannot be awarded.
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 ...
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".
The elements of the tort can vary by state but generally include the following: A valid contract between the plaintiff and a third party exists. The defendant has knowledge of that contract. The defendant has the requisite intent to induce the third party to breach the contract with the plaintiff.
A tortious interference lawsuit allows you to sue the non-contracting person and recover damages for intentional or negligent acts that caused economic harm. To establish that tortious interference occurred, you must prove that: There was a valid contract between you and the other party.
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.
If you go to court and prevail, you can generally recover damages, usually lost profits. Punitive damages are also available if the interfering party acted with “malice, fraud or oppression.” In other words, the defendant not only intended to interfere but also aimed to cause deliberate harm.