Section 7.12 Defenses—Competition and Protection of a Legitimate Business Interest

• Library: Tort Law 2016

Missouri courts imply a covenant of good faith and fair dealing in every contract. See Hibbs v. Berger, 430 S.W.3d 296, 319 (Mo. App. E.D. 2014). As such, a plaintiff must show evidence that a defendant used improper means that constituted an independently wrongful act or that the defendant acted for the defendant’s own personal benefit. Id. In the context of a claim for tortious interference, if the plaintiffs offer no evidence to the contrary, it is presumed that the defendants were justified in their actions. See id. In Hibbs, Berger was acting as a manager for Tavern Creek when he terminated the plaintiff’s employment contract. In that case, the court of appeals analyzed whether the trial court’s determination "that Berger, as a manager (the equivalent of a corporate officer) of Tavern Creek, was privileged and had a legal right to breach Tavern Creek’s employment contract with Plaintiff" was correct. Id. at 318.

As a general rule, "a manager, acting within his or her authority, has the authority and is privileged to induce a breach of a corporate contract." Id. "However...