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10 Cards in this Set
- Front
- Back
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Inducement of BOC--Elements/Arguments
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1. K b/t 2 parties that is wrongfully or maliciously interrupted WITH KNOWLEDGE by 3rd pty [∆]
--must be intentional -closer to ∆ knowing intimate details of the K i.e. exactly what it states, the closer π is to succeeding in his claim π argument--∆ knew that a K existed and mailiciously interfered ∆ arg--had know knowledge of a K |
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Inducement of BOC--exception
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illegal K--> i.e. prostitution
K is terminable at will--∆ liable only in damages to employer is acted with MALICE and for a reason not reasonably related to the protection of a LEGITIMATE BUSINESS INTEREST |
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Inducement of BOC--Damages
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1. pecuniary loss
2. emotional harm |
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Interference with Prospective Advantage--Elements
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1. Unlawful or wrongful interference with a 2. legitimate 3. business purpose 4. in order to further business interests of ∆
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Interference with Prospective Advantage--Economic Loss Rule
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can;t recover for purely economic loss unless a member of a particularly foreseeable class.
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Unfair Competition--Elements
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Unauthorized interference with normal operation of π's legitimate business precisely at the point where profit is to be reaped
--look for dishonesty, intimidation, molestation, etc. |
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Unfair Competition--Defenses
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-legitimate business reason
-Balancing Test: right of π to be protected v. right of ∆ to carry out bz provided they do not wrong others. |
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Examples of Unfair Comp
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-violently driving away customers
-obstructing actors by booing/hissing -Keeble v. Hickeringill -threatening/impeding servants or workmen -inducing persons under personal K's to break their K's |
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Unfair Comp--Predatory Pricing
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--operating a bz with no intention of making a profit to put others out of business
∆'s argument--only for the short term, but will make money in the long term. π's arg: No, ∆ is simply trying to put me out of business, not to further their bz. |
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Unfair Competition--INS v. AP
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reap where it has not sewn
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