Tuesday, August 12, 2014 8:37:50 PM
Following is something that came out loud and clear in our complaint and the courts acceptance of the complaint relative actions taken under advisement.
In every one of the 13 claims, the term Tortuous was used multiple times, not just meaning Tort Law. So by definition: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. The classic example of this tort occurs when one party induces another party to breach a contract with a third party, in circumstances where the first party has no privilege to act as it does and acts with knowledge of the existence of the contract. Such conduct is termed tortious inducement of breach of contract.
Tortious interference with business relationships occurs where the tortfeasor acts to prevent the plaintiff from successfully establishing or maintaining business relationships. This tort may occur when a first party's conduct intentionally causes a second party not to enter into a business relationship with a third party that otherwise would probably have occurred. Such conduct is termed tortious interference with prospective business relations, expectations, or advantage or with prospective economic advantage.
In either of the above situations, the tortfeasor's conduct must be intentional. There is no cause of action for merely negligent interference with the performance of a contract.[1]
In several case law examples you can find not only economic damages but punitive damages. And in our case we claimed several million dollars of losses have occurred in each of the 13 claims that were cumulative in nature.
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