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0538452803_269383 - intentional tort of “wrongful...

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BLTC-9e Sample Answer for End-of-Chapter Hypothetical Question with Sample Answer Chapter 4: Torts and Cyber Torts 4.2 Hypothetical Question with Sample Answer Lothar owns a bakery. He has been trying to obtain a long-term contract with the owner of Martha’s Tea Salons for some time. Lothar starts an intensive advertising campaign on radio and television and in the local newspaper. The advertising is so persuasive that Martha decides to break her contract with Harley’s Bakery so that she can patronize Lothar’s bakery. Is Lothar liable to Harley’s Bakery for the tort of wrongful interference with a contractual relationship? Is Martha liable for this tort? Sample Answer: To answer this question, you must first decide if there is a legal theory under which Harley may be able to recover. You may recall from your reading the
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Unformatted text preview: intentional tort of “wrongful interference with a contractual relationship.” To recover damages under this theory, Harley would need to show that he and Martha had a valid contract, that Lothar knew of this contractual relationship between Martha and Harley, and that Lothar intentionally convinced Martha to break her contract with Harley. Even though Lothar hoped that his advertisements would persuade Martha to break her contract with Harley, the question states that Martha’s decision to change bakers was based solely on the advertising and not on anything else that Lothar did. Lothar’s advertisements did not constitute a tort. Note, though, that while Harley cannot collect from Lothar for Martha’s actions, he does have a cause of action against Martha for her breach of their contract....
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