| 词汇 | Intentional Interference With Prospective Economic Advantage3 |
| 释义 | `1`Intentional Interference With Prospective Economic Advantage3 `2` "Legal Lexicon": Now, in Applied Equipment Corp. v. Litton Saudi Arabia Ltd., supra, 7 Cal.4th 503, the Supreme Court has firmly rejected the Wise rule. It cited two reasons for doing so: '(1) [i]t illogically expands the doctrine of civil conspiracy by imposing tort liability for an alleged wrong -- interference with a contract -- that the purported tortfeasor is legally incapable of committing; and (2) it obliterates vital and established distinctions between contract and tort theories of liability by effectively allowing the recovery of tort damages for an ordinary breach of contract.' (Id., at 510.) 'One contracting party owes no general tort duty to another not to interfere with performance of the contract; its duty is simply to perform the contract according to its terms. The tort duty not to interfere with the contract falls only on strangers -- interlopers who have no legitimate interest in the scope or course of the contract's performance. [para.] The invocation of conspiracy does not alter this fundamental allocation of duty. Conspiracy is not an independent tort; it cannot create a duty or abrogate an immunity. It allows tort recovery only against a party who already owes the duty and is not immune from liability based on applicable substantive tort law principles. Because a party to a contract owes no tort duty to refrain from interference with its performance, he or she cannot be bootstrapped into tort liability by the pejorative plea of conspiracy.' (Applied Equipment Corp. v. Litton Saudi Arabia Ltd., supra, 7 Cal.4th at 514.) As a matter of law, there is a threshold causation requirement in order to establish the tort of intentional interference with prospective economic advantage. What is required is 'proof that it is reasonably probable that the lost economic advantage would have been realized but for the defendant's interference. (Youst v. Longo (1987) 43 Cal.3d 64, 71.) 'Over the past several decades, California courts analyzing the tort of interference with prospective economic advantage have required such a threshold determination. In Buckaloo v. Johnson . . . , where we set out the five elements of the intentional form of the tort, we stated that the first element requires 'the probability of future economic benefit.' Although varying language has been used to express this threshold requirement, the cases generally agree it must be reasonably probable that the prospective economic advantage would have been realized but for defendant's interference.' (Id., at 71, fn. omitted.) |
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