4 ms·

Although I find the claim of tortuous interference as extremely tenuous as you do your description of what is required for an act to be "wrong" is poor borderin

by tssva 7y ago

Although I find the claim of tortuous interference as extremely tenuous as you do your description of what is required for an act to be "wrong" is poor bordering on incorrect. An act can be wrong for the purposes of tortuous interference if it is done to appropriate the benefits of the plaintiff's contract, is an independent or illegal wrong, or if the conduct was done for the sole purpose of injuring the plaintiff. In this case it will be extremely difficult to proof that Patreon acted solely to injure the defendants.

tzs 7y ago
What I was trying to get at was the idea stated by the Supreme Court of Oregon in Top Serv. Body Shop, Inc. v. Allstate Ins. Co., 582 P.2d 1365 (1978) [1], cited by the California court in Della Penna v. Toyota Motor Sales, U.S.A., Inc., 11 Cal. 4th 376 (1995) [2]: > In summary, such a claim is made out when interference resulting in injury to another is wrongful by some measure beyond the fact of the interference itself. Defendant's liability may arise from improper motives or from the use of improper means. They may be wrongful by reason of a statute or other regulation, or a recognized rule of common law, or perhaps an established standard of a trade or profession which I came across in this article on the elements of tortuous interference claims under California law [3]. [1] https://law.justia.com/cases/oregon/supreme-court/1978/283-or-201-0.html https://law.justia.com/cases/oregon/supreme-court/1978/283-o... [2] https://law.justia.com/cases/california/supreme-court/4th/11/376.html https://law.justia.com/cases/california/supreme-court/4th/11... [3] https://www.businessjustice.com/what-are-the-elements-for-a-tortious-interference-claim-under-ca.html https://www.businessjustice.com/what-are-the-elements-for-a-...
- tssva 7y ago
  Another good reference from the American Bar Association can be found at https://www.americanbar.org/groups/litigation/committees/business-torts-unfair-competition/practice/2019/wrongful-conduct-interference-contractual-economic-relations/ https://www.americanbar.org/groups/litigation/committees/bus... "Defendant's liability may arise from improper motives or from the use of improper means." Given this quote from your source the description you presented of what is required to meet the standard is still inaccurate. Based upon the quote the action taken doesn't have to be improper. Only the motivation for the action has to be improper.

by tssva 7y ago

tzs 7y ago

What I was trying to get at was the idea stated by the Supreme Court of Oregon in Top Serv. Body Shop, Inc. v. Allstate Ins. Co., 582 P.2d 1365 (1978) [1], cited by the California court in Della Penna v. Toyota Motor Sales, U.S.A., Inc., 11 Cal. 4th 376 (1995) [2]: > In summary, such a claim is made out when interference resulting in injury to another is wrongful by some measure beyond the fact of the interference itself. Defendant's liability may arise from improper motives or from the use of improper means. They may be wrongful by reason of a statute or other regulation, or a recognized rule of common law, or perhaps an established standard of a trade or profession which I came across in this article on the elements of tortuous interference claims under California law [3]. [1] https://law.justia.com/cases/oregon/supreme-court/1978/283-or-201-0.html https://law.justia.com/cases/oregon/supreme-court/1978/283-o... [2] https://law.justia.com/cases/california/supreme-court/4th/11/376.html https://law.justia.com/cases/california/supreme-court/4th/11... [3] https://www.businessjustice.com/what-are-the-elements-for-a-tortious-interference-claim-under-ca.html https://www.businessjustice.com/what-are-the-elements-for-a-...

tssva 7y ago
Another good reference from the American Bar Association can be found at https://www.americanbar.org/groups/litigation/committees/business-torts-unfair-competition/practice/2019/wrongful-conduct-interference-contractual-economic-relations/ https://www.americanbar.org/groups/litigation/committees/bus... "Defendant's liability may arise from improper motives or from the use of improper means." Given this quote from your source the description you presented of what is required to meet the standard is still inaccurate. Based upon the quote the action taken doesn't have to be improper. Only the motivation for the action has to be improper.