In cases of existing contracts P must prove 1 Existence of binding contract

In cases of existing contracts p must prove 1

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In cases of existing contracts, P must prove: 1. Existence of binding contract subject to interference 2. Intentional act of interference 3. Proximate cause 4. Actual damage/loss occurred In cases of no binding contracts, P must prove: 1. Reasonable probability that parties would have entered into contractual relationship 2. Intentional and malicious act by D that prevented relationship from occurring, with purpose of harming P 3. D lacked privilege or justification to do act 4. Actual damage/loss occurred (malice intent needed) P often receives punitive + compensatory damages Privilege of competition Privilege of competition: cases w/o contracts where D is protected by right to compete Speakers of Sport, Inc. v Proserv Rodriguez signed K with Speakers of sport, agent
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Proserve, D, convinced Rodriguez to sign with them instead and breach Speaker of sport K Proserv failed their promise of more endorsements, so he switched agents to gain $42mil K District court ruled against Speakers Affirmed → normal competition in entertainment and sports world Manager’s Privilege Still company’s fault unless manager acted on own personal interest Unfair competition Refers to business practices based on deception Includes: o Falsely causing consumers to believe product is endorsed by another o Palming off- any word causing purchasers to be misled into thinking D’s product was produced for purpose of taking free ride on P’s brand name State Deceptive Trade Practices Act Prohibits misleading advertising Statutory rather than common law torts Lanham Act To protect consumers, cause of action given to deceptive advertiser’s competitors Puffing-sometimes allowed (statements too general or vague relied upon by consumers) Commercial Defamation Bans representation of competitors products misleadingly
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  • Spring '08
  • Baker
  • intent,  Burke v

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