Interference With Economic & Familial Relations

Question 1

Interference With Contractual Relations (General Elements)

Answer 1

1) There was a reasonable probability that Plaintiff would have entered into the contractual relationship
2) Defendant intentionally prevented the contractual relation from occurring with the purpose of harming Plaintiffs
(a) Inducing a third party not to contract or continue relation; or
(b) Preventing the other from acquiring or continuing the prospective relation

Question 2

An Economic Interference is Justified if . . .

Answer 2

1) A party possess an interest equal or superior to that of the other party; or

2) If it results from a good faith exercise of rights; or

3) The good faith exercise of a party’s mistaken belief of rights

Question 3

Restatement Factors to Justify Economic Interference

Answer 3

Restatement factors:
(a) the nature of the actor’s conduct,
(b) the actor’s motive,
(c) the interests of the other with which the actor’s conduct interferes,
(d) the interests sought to be advanced by the actor,
(e) the social interests in protecting the freedom of action of the actor and the contractual interests of the other,
(f) the proximity or remoteness of the actor’s conduct to the interference, and
(g) the relations between the parties

Question 4

Loss of Consortium

Answer 4

1) Negligent Conduct by the Actor
2) Deep interpersonal relationship with the victim and claimant (children for parents, spouses, etc.)
3) May then recover damages or losses from that relationship

(I.e., income or medial support)