Wrongful Interference In A Contractual Relationship In Wake
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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.
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 ...
Common Affirmative Defenses to a Breach of Contract Claim The contract was supposed to be in writing. The contract is indefinite. There is a mistake. You lacked capacity to contract. You were fraudulently induced to enter into a contract. The contract is unconscionable. Estoppel. The contract is illegal.
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.
Tortious interference with a business relationship 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.
The contract was valid. An outside (third) party had knowledge of this contract. The outside party purposefully and wrongfully disrupted the contractual relationship. The outside party's interference with the contract caused harm to the relationship.
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;
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.
