Interference

Question 1

Intentional Interference w/Contract elements

Answer 1

1) intentional interference
2) improper interference ( **where best arguement will be)
3) interferecence w/contract (except to marry)
4) interference by inducing or causing a 3rd party not go peform, OR by causing a pl’s performance to be more expensive or burdensome; AND
5) resulting pecuniary loss (business loss) **CONNECTED BY PROX. CAUSE to interfering act

Question 2

DONT FORGET

Answer 2

PROX CAUSE ON EVERYTHING

Question 3

can one interfere w/ a contract to which one is a party?

Answer 3

NO

Question 4

An at-will arrangement (not contract) will prompt what kind of interference?

Answer 4

tortious int. w/prospective economic advantage

Question 5

“inducing or causing”

interf. w/K

Answer 5

is a question of fact.
more than just knowledge of contract–req= persuasion, intimidation, incentive, moral pressure, or physical impediment or incapacitation.

Question 6

Intentional Interference w/Prospective Economic Advantage

Answer 6

1) intentional interference
2) improper interference
3) interference w/PROSPECTIVE contractual relationship (not marriage)
4) interference by inducing or causing a 3rd party NOT to enter into or continue a prospective K relationship w/pltf or preventing pltnf from acquiring or cont. a prospective K relat.
5) resulting pecuniary loss

Question 7

not all juris recognize IIw/PEA

Answer 7

more speculative thatn IIw/Contract

Question 8

a “prospective” contractual relationship requires…

Answer 8

a reasonable probability of being secured

Question 9

“improper”

Answer 9

=lack of justification

some juris put burden on def to prove his inteference wa justified rather than having pltf. prove improper

Question 10

Factors to balance impropriety: (juris vary)

Answer 10

• nature of actor’s conduct
• actor’s motive
• interests to the other w/whom the actor interferes
• interests sought to be advanced by the actor
• social interests in protecting freedom of action of the actor & the contractual interests of the other;
• proximity or remoteness of the actor’s conduct to the interference
• relations between the parties.

Question 11

“improper” bleeds into culpability…

Answer 11

some req near criminal- indep tortious act or worse

• some c/l malic
• some states say reg/statute what is improper
  ex) consumer protection stat-only enforcable by AG

Question 12

Defenses

mostly ways of saying conduct was not improper

Answer 12

to share info w/recipient sharing common interest

Question 13

For Bar…..other possibly related business torts w/tortious interference scenarios

Answer 13

• conversion of trade secrets
• wrongful termination
• qui tam (MA-allowing whistleblower COA)
• breach of fiduciary duty
• breach of insurer’s duty of good faith or duty to defend