Paralegal Certification PrepLegal Terminology and ConceptsHard
A paralegal is researching a client's claim that a competitor intentionally interfered with a lucrative contract the client had with a third party, causing significant financial loss. The attorney specifically asks the paralegal to identify the key elements required to prove 'intentional interference with contractual relations.' Which of the following elements is typically NOT required to prove this tort?
- AExistence of a valid contract between the plaintiff and a third party.
- BDefendant's malicious intent to harm the plaintiff without justification.
- CDefendant's negligent interference with the contract.
- DDefendant's knowledge of the contract.
Show answer & explanationAnswer & explanation
Correct answer: C. Defendant's negligent interference with the contract.
Intentional interference with contractual relations is an intentional tort, meaning it requires the defendant's intentional conduct. Negligent interference is generally not a recognized cause of action for this specific tort.
Why the other options are wrong
- A. The existence of a valid contract is a fundamental element.
- B. Intentional and unjustified interference is a core element of this tort.
- D. The defendant's knowledge of the contract is a required element.
Intentional Interference with Contractual Relations
A tort that occurs when a third party intentionally induces a breach of a valid contract between two other parties, causing damages.
- Requires a valid contract.
- Defendant must know about the contract.
- Interference must be intentional and unjustified.
- Plaintiff must suffer damages.
Memory trick: Business torts protect fair play in the market.