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Unformatted text preview: an existing contract for an alleged tortfeasor with no previous economic relationship with the breaching party? c. Holding i. No. d. Reasoning i. A defendant who is simply plaintiffs competitor and knowingly solicits its contract customers is not economically justified in procuring the breach of contract. ii. The Court does not agree with the notion that the only answer is to go out and do it also to the other guy. iii. New York Pattern Jury Instructions say: When the defendant is simply a competitor of the plaintiff seeking customers and the plaintiff has a customer under contract for a definite period, defendants interest would not justify inducing the customer to breach the existing contract. iv. Protecting the contracts does not negate a competitors right to solicit business just to limit improper inducement of a third party to breach its contract....
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- Fall '07