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Encyclopedia > Tortious interference
Tort law
Part of the common law series
Intentional torts
Assault  · Battery
False arrest  · False imprisonment
Intentional infliction of emotional distress
Property torts
Trespass to chattels
Trespass to land  · Conversion
Detinue  · Replevin  · Trover
Dignitary and economic torts
Slander and libel  · Invasion of privacy
Abuse of process  · Malicious prosecution
Fraud  · Tortious interference
Defenses to intentional torts
Consent  · Necessity
Self defense and defense of others
Negligent torts
Negligence  · Negligent hiring
Negligent entrustment
Negligent infliction of emotional distress
Doctrines affecting liability
Duty of care  · Standard of care
Proximate cause  · Res ipsa loquitur
Calculus of negligence  · Eggshell skull
Vicarious liability  · Attractive nuisance
Comparative responsibility  ·
Duties owed to visitors to property
Trespassers  · Licensees  · Invitees
Defenses to negligence
Contributory negligence
Comparative negligence
Assumption of risk  · Intervening cause
Strict liability torts
Ultrahazardous activities
Products liability
Nuisance
Other areas of the common law
Contract law  · Property law
Wills and trusts
Criminal law  · Evidence

Tortious interference, in the common law of tort, occurs when a person intentionally damages the plaintiff's contractual or other business relationships. The tort is broadly divided into two categories, one specific to contractual relationships (irrespective of whether they involve business), and the other specific to business relationships or activities (irrespective of whether they involve a contract). Image File history File links SmallLadyJustice. ... In the common law, a tort is a civil wrong for which the law provides a remedy. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... An intentional tort is a category of torts that describes a civil wrong resulting from an intentional act on the part of the tortfeasor. ... At common law, battery is the tort of intentionally (or in Australia negligently) and voluntarily touching another person without lawful excuse or justification. ... False arrest is a common law tort, where a plaintiff alleges he or she was held in custody without reasonable cause or an order issued by a court of appropriate jurisdiction. ... False Imprisonment is a common law tort, and possibly a misdemeanor crime, wherein a person is intentionally confined without legal authority. ... Intentional infliction of emotional distress (IIED) is a common law tort claim for intentional conduct that results in extreme emotional distress. ... Trespass to chattels is a tort whereby the infringing party has intentionally (or in Australia negligently) interfered with another persons lawful possession of a chattel. ... Trespass to land is a common law tort that is committed when an individual intentionally (or in Australia negligently) enters the land of another without lawful excuse. ... In law, conversion is a tort that deals with the wrongful interference with goods. ... In tort law, detinue is an action for the wrongful detention of goods from an individual who has a greater right to immediate possession than the current possessor. ... Replevin is an Anglo-French law term (derived from repletir, to replevy). ... Trover signifies finding. ... In English and American law, and systems based on them, libel and slander are two forms of defamation (or defamation of character), which is the tort or delict of making a false statement that negatively affects someones reputation. ... The right to privacy is the right to control information about yourself in two situations. ... Abuse of process is a common law intentional tort. ... Malicious prosecution is a common law intentional tort. ... Consent (as a term of jurisprudence) is a possible justification against civil or criminal liability. ... In tort law, the defense of necessity is divided between private necessity (where a person commits a tort for the defense of his own property) and public necessity (where a person commits a tort for the public good, such as cutting down someone elses trees to stop the spread... Self defense and defense of others (sometimes called alter ego defense or defense of a third person) are a pair of legal theories under which otherwise tortious or illegal acts may be justified when committed for the purpose of protecting oneself, or for the purpose of protecting another person. ... In law, negligence is a type of tort or delict that can be either criminal or civil in nature. ... Negligent hiring is a cause of action in tort law that arises where one party is held liable for negligence because they placed another party in a position of authority or responsibility, and an injury resulted because of this placement. ... Negligent entrustment is a cause of action in tort law that arises where one party (the entrustor) is held liable for negligence because they negligently provided another party (the entrustee) with a dangerous instrumentality, and the entrusted party caused injury to a third party with that instrumentality. ... The tort of negligent infliction of emotional distress (NIED) is a controversial legal theory and is not accepted in many United States jurisdictions. ... In law, a duty of care is the legal requirement that a person exercise a reasonable standard of care to prevent injury of others. ... In tort law, the standard of care is the degree of prudence and caution required of an individual who is under a duty of care. ... In the law, a proximate cause is an event sufficiently related to a legally recognizable injury to be held the cause of that injury. ... Res ipsa loquitur is a legal term from the Latin meaning literally, The thing speaks for itself. The doctrine is applied to claims which, as a matter of law, do not have to be explained beyond the obvious facts. ... The calculus of negligence is a term coined by Judge Learned Hand and describes a process for determining whether a legal duty of care has been breached (see negligence). ... The eggshell skull rule (or thin-skull rule) is a legal doctrine used in both tort law and criminal law that holds an individual liable for all consequences resulting from their activities leading to an injury to another person, even if the victim suffers unusual damages due to a pre... Vicarious liability is a form of strict, secondary liability that arises under the common law doctrine of agency – respondeat superior – the responsibility of the superior for the acts of their subordinate and can be distinguished from contributory liability, another form of secondary liability, which is rooted in the tort theory... Under the attractive nuisance doctrine of the law of torts, a landowner may be held liable for injuries to children trespassing on the land if the injury is caused by a hazardous object or condition on the land that is likely to attract children, who are unable to appreciate the... Comparative responsibility is a doctrine of tort law that compares the fault of each party in a law suit for a single injury. ... Trespasser (released in 1998) was a game taking place in the world of Jurassic Park. ... A licensee is a term used in the law of torts to describe a person who is on the property of another, despite the fact that the property is not open to the general public, because the owner of the property has allowed the licensee to enter. ... An invitee is a term used in the law of torts to describe a person who is on the property of another because that property owner has chosen to hold the property open to some portion of the general public, because the owner of the property has allowed the licensee... Contributory negligence is a common law defence to a claim or action in tort. ... Comparative negligence is a system of apportioning recovery for a tort based on a comparison of the plaintiffs negligence with the defendants. ... This is a defense in the law of torts. ... An intervening cause is a potential defense to the tort of negligence, if it is an unforseeable, and therefore superseding intervening cause, rather than a foreseeable intervening cause. ... Strict liability is a legal doctrine in tort law that makes a person responsible for the damages caused by their actions regardless of culpability (fault) or mens rea. ... An ultrahazardous activity in the common law of torts is one that is so inherently dangerous that a person engaged in such an activity can be held strictly liable for injuries caused to another person, even if the person engaged in the activity took every reasonable precaution to prevent others... Product liability encompasses a number of legal claims that allow an injured party to recover financial compensation from the manufacturer or seller of a product. ... Nuisance is a common law tort. ... A contract is any legally-enforceable promise or set of promises made between parties. ... Property law is the law that governs the various forms of ownership in real property (land as distinct from personal or movable possessions) and in personal property, within the common law legal system. ... In the law, a will or testament is a document by which a person (the testator) regulates the rights of others over his property or family after death. ... The law of trusts and estates is generally considered the body of law which governs the management of personal affairs and the disposition of property of an individual in anticipation and the event of such persons incapacity or death, also known as the law of successions in civil law. ... Criminal law (also known as penal law) is the body of law that punishes criminals for committing offences against the state. ... The law of evidence governs the use of testimony (eg. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... In the common law, a tort is a civil wrong for which the law provides a remedy. ... A plaintiff, also known as a claimant, or a complainant is the party who initiates a lawsuit (also known as an action) before a court. ... A contract is any legally-enforceable promise or set of promises made between parties. ...


Tortious interference with contract rights can occur where the tortfeasor convinces a party to breach the contract against the plaintiff, or where the tortfeasor disrupts the ability of one party to perform his obligations under the contract, thereby preventing the plaintiff from receiving the performance promised. A plaintiff, also known as a claimant, or a complainant is the party who initiates a lawsuit (also known as an action) before a court. ... A plaintiff, also known as a claimant, or a complainant is the party who initiates a lawsuit (also known as an action) before a court. ...


Tortious interference with business relationships occurs where the tortfeasor acts to prevent the plaintiff from successfully establishing or maintaining business relationships. A plaintiff, also known as a claimant, or a complainant is the party who initiates a lawsuit (also known as an action) before a court. ...


The tort was first described in the case of Keeble v. Hickeringill, (1707) 103 Eng. Rep. 1127, styled as a "trespass on the case". In that case, the defendant had used a shotgun to drive ducks away from a pond that the plaintiff had built for the purpose of capturing ducks. Although the ducks had not yet been captured, the Justice Holt wrote for the court that "where a violent or malicious act is done to a man's occupation, profession, or way of getting a livelihood, there an action lies in all cases." The court noted that the defendant would have the right to draw away ducks to a pond of his own, raising as a comparison a 1410 case in which the court deemed that no cause of action would lie where a schoolmaster opened a new school that drew students away from an old school. Events January 1 - John V is crowned King of Portugal March 26 - The Act of Union becomes law, making the separate Kingdoms of England and Scotland into one country, the Kingdom of Great Britain. ... Court citation is a standard system used in common law countries such as the United States, United Kingdom, Canada, New Zealand and Australia to uniquely identify the location of past court cases in special series of books called reporters. ... Writ of Trespass and Writ of Trespass on the Case are the two catchall torts from English Common Law, the former involving trespass against person, the latter involving trespass against anything else which may be actionable. ... Events July 15 – Lithuanian forces under the cousins Władysław Jagiełło of Poland and Witowt of Lithuania decisively defeat the forces of the Teutonic Knights, whose power is broken Jan Hus is excommunicated by the Archbishop of Prague. ...


Elements

Although the specific elements required to prove a claim of tortious interference vary from one jursidiction to another, they typically include the following:

  1. The existence of a contractual relationship or beneficial business relationship between two parties.
  2. Knowledge of that relationship by a third party.
  3. Intent of the third party to induce a a party to the relationship to breach the relationship.
  4. Lack of any privilege on the part of the third party to induce such a breach.
  5. Damage to the party against whom the breach occurs.

Source

  • Jesse Dukeminier and James E. Krier, Property, Fifth Edition, Aspen Law & Business (New York, 2002), p. 31-36. ISBN: 0735524378

  Results from FactBites:
 
Archer & Greiner, P.C./In The News: Articles/On The Brink of Tortious Interference With Inheritance (2064 words)
Archer and Greiner, P.C./In The News: Articles/On The Brink of Tortious Interference With Inheritance
Most states recognize at least four elements to bring a successful claim of tortious interference with expectancy: (1) an actual expectancy existed; (2) the defendant intentionally interfered with the expectancy; (3) the interference was tortious; (4) reasonable certainty exists that the devise would have been received by the potential devisee-claimant; and (5) damages.
To satisfy the second element of the tort, a plaintiff must prove that the defendant intentionally interfered with the expectancy and that the interference was tortious.
  More results at FactBites »

 
 

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