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Tort Case

TortCase

Dis liable of intentionally inducing a breach the contract.

Thetort of contract interference occurs when someone intentionallypersuades another to break a contract that is already in existence.However, P has the burden to show that a valid contract existed, thethird party knew about the contract, and that D intentionally causedthe contracting parties breach the contract. From the above elements,it is evident that D commits an action of tortuous inference againstP by taking an action that induces P’s client from completing thecontracts. It is evident that D’s primary purpose is to disrupt thecontract, and negatively impacts P’s business. The fact D beginscoffee next to Sue’s new business and P’s coffee shop, it iscertain that there is a desire for contract interference. More so, Dknows with substantial certainty that the decline of customer inSue’s coffee palace and her breach of contract with P is as aresult of what D does.

Dis liable for wrongful interference with P’s prospective advantage

Businessrelationship is unique because both parties usually have the samebusiness objectives, and adverse interests. However, the interferencewith business relation and the prospective advantage by D shows thatthere is an improper motive. The gist of the tort is improperinterference with existing or potential relationship, contractual orotherwise. In this case, the court will require P to demonstrate thatD acted solely out of spite or ill will against P, or for someunlawful purpose, rather than lawfully, which is to promote his ownbusiness and competitive advantage. The court is likely to grant aninjunction against D, if P is able to prove that D’s conduct isunder a recognized tort.