Interference with Business Relations

• Author: Kevin R. Culhane
• Pages: 221-262

21-1

Chapter 21

Interference With Business Relations

§2100 INTRODUCTION

§2101 Elements of Plaintiff’s Cause of Action

§2101.1 Interference With Contractual Relations

§2101.2 Interference With Prospective Economic Relations

§2102 Defenses in Interference With Business Relations Cases

§2103 Definitions

§2110 BASIC INFORMATION

§2111 Information Regarding Defendant

§2111.1 Identification of Defendant

§2111.2 Personal Data Regarding the Defendant

§2111.3 Agency Relationships

§2111.4 Similar Claims and Legal Proceedings

§2112 Information Regarding the Plaintiff

§2112.1 Personal Information Regarding the Plaintiff

§2112.2 Prior Actions for Interference With Business Relations

§2120 INTERFERENCE WITH EXISTING CONTRACTUAL RELATIONS – PLAINTIFF TO DEFENDANT

§2121 Existence of Contract

§2121.1 In General

§2121.2 Unenforceable Contract

§2121.3 Contracts Subject to Conditions Precedent

§2121.4 Void Contract

§2121.5 Contract Terminable at Will

§2122 Contract Between Plaintiff and a Third Party

§2122.1 Defendant as the Alter Ego of a Party to the Contract

§2122.2 Conspiracy Claims Against Other Contracting Party

§2123 Defendant’s Knowledge of Existing Contract

§2124 Acts or Conduct Interfering With Contractual Relations

§2124.1 Acts or Conduct Inducing Breach

§2124.2 Conduct Rendering Plaintiff’s Performance More Difficult

§2125 Causation

§2126 Damages

§2126.1 Past Economic Losses

§2126.2 Future Economic Losses

§2126.3 Loss of Goodwill

§2126.4 Emotional Distress Damages

§2126.5 Punitive Damages

§2130 INTERFERENCE WITH EXISTING CONTRACTUAL RELATIONS – DEFENDANT TO PLAINTIFF

§2131 Existence of Contract

§2131.1 In General

§2131.2 Unenforceable Contract

§2131.3 Contracts Subject to Conditions Precedent

§2131.4 Void Contract

§2131.5 Contract Terminable at Will

§2132 Contract Between Plaintiff and a Third Party

§2132.1 Defendant as the Alter Ego of a Party to the Contract

§2132.2 Conspiracy Claims Against Other Contracting Party

§2133 Defendant’s Knowledge of Existing Contract

§2134 Acts or Conduct Interfering With Contractual Relations

§2134.1 Acts or Conduct Inducing Breach

§2134.2 Conduct Rendering Plaintiff’s Performance More Difficult

§2135 Causation

DISCOVERY COLLECTION 21-2

§2136 Damages

§2136.1 Past Economic Losses

§2136.2 Future Economic Losses

§2136.3 Loss of Goodwill

§2136.4 Emotional Distress Damages

§2136.5 Punitive Damages

§2140 INTERFERENCE WITH PROSPECTIVE ECONOMIC RELATIONS – PLAINTIFF TO DEFENDANT

§2141 Existing Economic Relationship

§2141.1 In General

§2141.2 Unenforceable Contract

§2141.3 Contracts Subject to Conditions Precedent

§2141.4 Contract Terminable at Will

§2142 Relationship Between Plaintiff and a Third Party

§2142.1 Defendant as the Alter Ego of a Party to the Relationship

§2142.2 Conspiracy Claims Against Other Party to the Relationship

§2143 Reasonable Probability of Future Economic Benefit

§2144 Defendant’s Knowledge of Existence of Relationship

§2145 Acts or Conduct Designed to Interfere with Relationship

§2145.1 Acts or Conduct Inducing Termination of Relati onship

§2145.2 Conduct Diverting Plaintiff’s Prospective Economic Opportunity to Defendant

§2146 Causation

§2147 Damages

§2147.1 Past Economic Losses

§2147.2 Future Economic Losses

§2147.3 Loss of Goodwill

§2147.4 Emotional Distress Damages

§2147.5 Punitive Damages

§2150 INTERFERENCE WITH PROSPECTIVE ECONOMIC RELATIONS – DEFENDANT TO PLAINTIFF

§2151 Existing Economic Relationship

§2151.1 Unenforceable Contract

§2151.2 Contracts Subject to Conditions Precedent

§2151.3 Contract Terminable at Will

§2152 Relationship Between Plaintiff and a Third Party

§2152.1 Defendant as the Alter Ego of a Party to the Relationship

§2152.2 Conspiracy Claims Against Other Party to the Relationship

§2153 Reasonable Probability of Future Economic Benefit

§2154 Defendant’s Knowledge of Existence of Relationship

§2155 Acts or Conduct Designed to Interfere With Relationship

§2155.1 Acts or Conduct Inducing Termination of Relati onship

§2155.2 Conduct Diverting Plaintiff’s Prospective Economic Opportunity to Defendant

§2155.3 Conduct Wrongful by Some Measure Other than the Fact ofInterference

§2156 Causation

§2157 Damages

§2157.1 Past Economic Losses

§2157.2 Future Economic Losses

§2157.3 Loss of Goodwill

§2157.4 Emotional Distress Damages

§2157.5 Punitive Damages

§2160 DEFENSES TO CLAIMS FOR INTERFERENCE WITH BUSINESS RELATIONS – PLAINTIFF TO DEFENDANT

§2161 Privilege in General

§2162 Privilege for Fair Competition – Interference With Contractual Relations

§2163 Privilege for Fair Competition – Interference With Prospective Relationship

§2164 Defendant’s Financial Interest in Business

§2165 Manager’s Privilege

§2166 Litigation Privilege

§2170 DEFENSES TO CLAIMS FOR INTERFERENCE WITH BUSINESS RELATIONS – DEFENDANT TO PLAINTIFF

§2171 Privilege for Fair Competition – Interference With Contractual Relations

§2172 Privilege for Fair Competition – Interference With Prospective Relationship

§2173 Defendant’s Financial Interest in Business

§2174 Manager’s Privilege

§2175 Litigation Privilege

21-3 INTERFERENCE WITH BUSINESS RELATIONS

§2180 DEPOSITION CHECKLISTS

§2181 Deposition of Plaintiff

§2181.1 Plaintiff – General Background

§2181.2 Defendant’s Business Structure

§2181.3 Interference With Existing Contractual Relationships

§2181.4 Interference With Prospective Economic Relations

§2181.5 Defenses to Claims for Interference with Business Relations

§2181.6 Statements by Parties, Witnesses

§2181.7 Surveillance Conducted by Defendant

§2181.8 Insurance

§2182 Deposition of Plaintiff

§2182.1 Plaintiff – General Background

§2182.2 Interference With Existing Contractual Relationships

§2182.3 Interference With Prospective Economic Relations

§2182.4 Defenses to Claims for Interference With Business Relations

§2182.5 Statements by Parties, Witnesses

§2182.6 Surveillance Conducted by Opposing Party