Tortious Interference With Contracts Flashcards
What is tortuous interference?
A person who wrongfully and maliciously, or which is the same thing, with notice, interrupts the relation subsisting between master and servant by procuring the servant to depart from the master’s service, or by harboring and keeping him as servant after he has quitted it and during the time stipulated for as the period of service, whereby the master is injured, commits a wrongful act for which he is responsible at law.
What are the elements of Tortuous Interference?
1) Economic relationship probably furture of benefit
2) Defendants knowledge of relationship
3) Intentionally engages in acts designed to interfere with or disrupt relationship
4) Actual disruption
5) Damage to Plaintiff through Defendants interference.
Also requires notice of the existing contract.
What is consultants privilege?
1) Limited to advice given within scope of the consultants engagement
2) If the consultant does not give honest advice, if he uses his engagement to hurt other people exclusively for his own benefit rather than for the benefit of his client, he forfeits the privilege.