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tortious interferance of a contract

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BradleyS

Member
What is the name of your state? KANSAS

What basic criteria must be met to claim tortious interference of a contract?

Written real estate contract.
 


You Are Guilty

Senior Member
BradleyS said:
What is the name of your state? KANSAS

What basic criteria must be met to claim tortious interference of a contract?

Written real estate contract.
In a nutshell:

"The elements essential to recovery for tortious interference with a contract are: (1) the contract; (2) the wrongdoer's knowledge thereof; (3) his intentional procurement of its breach; (4) the absence of justification; and (5) damages resulting therefrom." Reebles, Inc. v. Bank of America, N.A., 29 Kan.App.2d 205, 25 P.3d 871 (2001).

"Justification" is the most common defense. Kansas recognizes these factors in considering whether the interference was justified:
"(1) the nature of the defendant's conduct; (2) the defendant's motive; (3) the interests of the other with which the defendant's conduct interferes; (4) the interests sought to be advanced by the defendant; (5) the social interests in protecting the freedom of action of the defendant and the contractual interests of the other; (6) the proximity or remoteness of the defendant's conduct to the interference; and (7) the relations between the parties." Turner v. Halliburton Co., 240 Kan. 1, 12, 722 P.2d 1106 (1986).

Hope that helps.
 

You Are Guilty

Senior Member
However, if you would like my somewhat-legal opinions on the current state of the NY Mets, please just let me know. I have plenty.
 

You Are Guilty

Senior Member
I'll let you know tomorrow. It may change significantly if they beat the snot out of Clemens tonight (and Piazza doesn't act like a little girl again) :D
 

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