Home -> Law Blog Directory -> Indiana Blogs -> Indiana Civil & Business Lawyer
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Indiana
: Indiana Civil & Business LawyerIndiana Appellate Cases: Third Party Interfering With Contracts
Allison (and Safford, the other appellant) lost on both claims at the trial court level and had a split decision with the Court of Appeals. The Court of Appeals reversed the trial court on the tortious interference claim but upheld the other claims.
The opinion contains a refresher on the tort's elements:
A plaintiff alleging tortious interference with a contractual relationship must establish five elements: (I) the existence of a valid and enforceable contract: (2) the defendant's knowledge of the existence of the contract; (3) the defendant's intentional inducement of the breach of the contract; (4) the absence of justification; and (5) damages resulting from the defendant's wrongful inducement of the breach. (citation omitted).This case focuses on the justification element. The Indiana Supreme Court has set out the following factors for judging whether or not the defendant acted with justification:
(a) the nature of the defendant's conduct;The Indiana Court of Appeals proceeded to evaluate the facts of the case against these guidelines. It then made the following decision:
(b) the defendant's motive;
(c) the interests of the plaintiff with which the defendant's conduct interferes;
(d) the interests sought to be advanced by the defendant;
(e) the social interests in protecting the freedom of action of the defendant and the contractual interests of the plaintiff;
(f) the proximate or remoteness of the defendant's conduct to the interference: and
(g) the relations between the parties.
In weighing all of these factors, we find this to be a very close call. And as noted above, the ultimate question relating to the justification of the defendant's conduct is whether that conduct has been fair and reasonable under the circurnstances. We find this inquiry to he so highly- fact sensitive that we conclude it is best answered by a factfinder. Although it is possible that under certain circumstances this question may lie answered as a matter of law-and, indeed, we make just such a finding with respect to WVA below- we do not find that to be the case with respect to Union, based primarily on its conduct with respect to the without cause termination provision....I must say this case has some unusual features - Union Hospital admitted entering into a contract it had no intention of honoring - which probably helped lead to the decision for a remand for trial rather a decision as a matter of law.
Having confronted several of these tortious interference cases, my thought is that the lack of justification element is generally the make or break element. If the case is a good tortious interference case, then the other elements ought to be readily apparent with an appropriate support of the evidence. (For example, last week a client wrote me about what would appear a good tortious interference case except there was no interference - the clients were not impressed by the attempted interference.) With this opinion, Indiana has a very a good explanation of when a third party lacks justification for its interference.
Full post as published by Indiana Civil & Business Lawyer on April 08, 2008 (boomark / email).
Legal Forms
Business and Commercial Legal Forms
Unwed Fathers' Rights in Adoption
Landmark Cases in Adoption Law Shape Law with respect to Unwed Fathers
Third Party Mobile Content Charges Settlement
Third Party Mobile Content Charges Class Action Settlement
Salmonella Found in Tomotoes
57 Reported Cases in New Mexico and Texas
ConAgra Peanut Butter
Hundreds of Salmonella Cases Settled
Google Inc.
alleging deceptive charges for ads displayed on third party web sites.
Underage DUI
Minor injured in car accident after a Halloween party is awarded $1.5 million.
Auto Financing
Credit Acceptance Corp. agrees to $52.1 million class action settlement after overcharging consumers for fees and interest on automobile installment contracts.

Ind. Decisions - More on: State loses auto-dialer case in trial court
Party Autonomy and Beyond: An International Perspective of Contractual Choice of Law
Indiana Appellate Court Upholds Sex Offender Ban
Attorneys' Fees in Motions to Compel Arbitration









