| 词汇 | Intentional Interference With Prospective Economic Advantage2 |
| 释义 | `1`Intentional Interference With Prospective Economic Advantage2 `2` "Legal Lexicon": In discussing the related tort of inducing breach of contract, the Supreme Court has stated: 'The act of inducing the breach must be an intentional one. If the actor had no knowledge of the existence of the contract or his actions were not intended to induce a breach, he cannot be held liable though an actual breach results from his lawful and proper acts. ' Imperial Ice Co. v. Rossier (1941) 18 Cal.2d 33, 37.) The Restatement of Torts explained it this way, 'The essential thing is the purpose to cause the result. If the actor does not have this purpose, his conduct does not subject him to liability under this rule even if it has the unintended effect of deterring the third person from dealing with the other.' (Rest., Torts, section 766, com. d, emphasis added.) It is not enough that the actor intended to perform the acts which caused the result -- he or she must have intended to cause the result itself. Although these views were expressed in the context of the tort of inducing breach of contract, the expansion of that tort into the broader wrongs of interfering with contractual relations or prospective economic advantage has not altered the requirement that the defendant act with culpable intent. (Seaman's Direct Buying Service, Inc. v. Standard Oil Co., supra, 36 Cal.3d at 766.) '[T]o prevail on a cause of action for intentional interference with prospective economic advantage, plaintiff must plead and prove 'intentional acts on the part of the defendant designed to disrupt the relationship.' ' (Ibid., quoting from Buckaloo v. Johnson, supra, 14 Cal.3d at 827.) A Party To An Economic Relationship Cannot, As A Matter Of Law, Commit Or Conspire To Commit A Tortious Interference Therewith There is an important limitation to the use of this tort as a remedy for the disruption of contractual relationships. It can only be asserted against a stranger to the relationship. '[C]onsistent with its underlying policy of protecting the expectations of contracting parties against frustration by outsiders who have no legitimate social or economic interest in the contractual relationship, the tort cause of action for interference with a contract does not lie against a party to the contract. ' (Applied Equipment Corp. v. Litton Saudi Arabia Ltd. (1994) 7 Cal.4th 503, 514.) 'It is obvious that if an action is brought for interference with contractual relationship by one party to a contract against another who is also a party to that same contract, the grievance of the plaintiff is, in essence, breach of contract; and, in such case, plaintiff is entitled to recover all damages flowing from the breach. In such an instance to allow the plaintiff to sue under the tort theory of wrongful interference with contractual rights would not only be superfluous, but also would enable him to recover tort damages (e.g., punitive damages, damages for mental suffering) to which he is not entitled under California law.' (Dryden v. Tri-Valley Growers (1977) 65 Cal.App.3d 990, 999, emphasis added; see also Shoemaker v. Myers (1990) 52 Cal.3d 1, 24.) Over thirty years ago, an appellate court did hold that one contracting party, by use of a conspiracy theory, could impose liability on another for the tort of interference with that contract. (Wise v. Southern Pacific Co. (1963) 223 Cal.App.2d 50, 71-72.) This decision was accepted and followed in a number of appellate cases. However, it was never accepted by the Supreme Court. Go to Intentional Interference With Prospective Economic Advantage2 |
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