emotional damages from the battery not IIED claim by itself 6 Tortious

Emotional damages from the battery not iied claim by

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emotional damages from the battery, not IIED claim by itself 6) Tortious Interference a. With contracts – need: i. Have to have a contract ii. Have willful and intentional interference iii. Act of interfering is the proximate cause of damages iv. Have to have actual damages or loss b. In business relationships: need: i. Reasonably probable that the parties would have entered into business relationship ii. Independently tortious or unlawful act by D prevented the relationship from occurring iii. D had malice (desire to prevent relationship) or acted recklessly iv. P has to suffer actual harm - Defenses: o Competition – urging someone to end their contract when they’re legally allowed to is OK. o Justification – if you’re trying to end a relationship for the greatest overall good then it’s OK o Manager’s Privilege – manager can act in the best interest of the company, even if it negates a contract
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Contracts Outline - Agreement that a court will enforce, and give remedy if the contract is breached To be enforceable: - Have an agreement between people mutually - Consideration: giving value to each other; good deal for both of them - Capacity – ability to carry the contract out - Legality Remedies: - Specific performance: court ordered fulfilment of contract (equitable remedy); not often done unless it’s a “remedy at law” (the money) is not enough to compensate; has to be so unique that the money isn’t enough - “Measure of Damages” = benefit of bargain + reasonably foreseeable incidental and consequential damages o the difference between value of what was promised and what you got o typically, no extra punitive damages Types of Remedies: - Expectation Interest Damages: o Direct Damages = what you’re promised – what you got; money that you can trace back o Consequential Damages = not part of direct, but reasonably foreseeable consequences of breach; hard to trace; negotiable, not traceable Hadley v. Baxendale o Incidental Damages = out of pocket costs you incur; the money you spent as a result of the breach (legal fees, etc.) - Restitution Damages: getting back what you asked for - Reliance Damages: things that actually happened that caused you to lose something (money, etc.) resulting from a breach of contract Formation of Contracts : a. Agreement: reasonably definitely understanding between 2 or more people formed by: a. An offer b. An acceptance - Can be oral or written, and a reasonable person must say that it seemed like an offer – doesn’t matter what it actually was in the person’s mind - Components: o Manifest intent of making an offer o Reasonably definite indication of obligations (parties, price, time, subject matter) o Communication b. Terminating an Offer: a. By act of parties:
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  • Spring '08
  • Baker
  • assault

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