3 ms·

It's interesting that Yelp refer to their terms of service in their letter to the restaurant. Since this is all being done behind the restaurant's back, and the

It's interesting that Yelp refer to their terms of service in their letter to the restaurant. Since this is all being done behind the restaurant's back, and they will not have signed up to any terms of service, that is completely irrelevant. Yelp has no legal contract with the restaurant.

harshreality 12y ago
Tortious interference with the contract Yelp has with its users (if Yelp's sign-up clickthrough agreement is enforceable).
- Retric 12y ago
  FYI: Tortuous interference is causing harm by unlawful means. Otherwise things like a union protest would be illegal.
  - tsaoutourpants 12y ago
    Not quite, actually. The elements of tortious interference vary by state but are roughly: 1) The existence of a contractual relationship or beneficial business relationship between two parties. 2) Knowledge of that relationship by a third party. 3) Intent of the third party to induce a party to the relationship to breach the relationship. 4) Lack of any privilege on the part of the third party to induce such a breach. 5) The contractual relationship is breached. 6) Damage to the party against whom the breach occurs. Yelp may have a case for tortious interference against the restaurant if they are paying customers to break their Yelp terms. Yelp still sucks.
    - Retric 12y ago
      Your missing a major caveat. Completion is still encouraged so for example poaching employees is still generally legal. As long as you don't use "improper means or methods". http://www.troutmansanders.com/files/upload/Tortious_Interference.pdf http://www.troutmansanders.com/files/upload/Tortious_Interfe... I would agree in this case Yelp would probably not be laughed out of court. However, that's a fairly low bar and IANAL.
mkopinsky 12y ago
Yelp is pointing out to the restaurant that they're asking customers to violate the customers' TOS with Yelp. Nowhere is it insinuated that they themselves have an agreement with yelp. It is not being done behind the restaurant's back. The restaurant is paying the customers (in free pizza) to leave the feedback.
- sjwright 12y ago
  It's not the restaurant's responsibility to enforce Yelp's terms of service.

harshreality 12y ago

Tortious interference with the contract Yelp has with its users (if Yelp's sign-up clickthrough agreement is enforceable).

Retric 12y ago
FYI: Tortuous interference is causing harm by unlawful means. Otherwise things like a union protest would be illegal.
- tsaoutourpants 12y ago
  Not quite, actually. The elements of tortious interference vary by state but are roughly: 1) The existence of a contractual relationship or beneficial business relationship between two parties. 2) Knowledge of that relationship by a third party. 3) Intent of the third party to induce a party to the relationship to breach the relationship. 4) Lack of any privilege on the part of the third party to induce such a breach. 5) The contractual relationship is breached. 6) Damage to the party against whom the breach occurs. Yelp may have a case for tortious interference against the restaurant if they are paying customers to break their Yelp terms. Yelp still sucks.
  - Retric 12y ago
    Your missing a major caveat. Completion is still encouraged so for example poaching employees is still generally legal. As long as you don't use "improper means or methods". http://www.troutmansanders.com/files/upload/Tortious_Interference.pdf http://www.troutmansanders.com/files/upload/Tortious_Interfe... I would agree in this case Yelp would probably not be laughed out of court. However, that's a fairly low bar and IANAL.

mkopinsky 12y ago

Yelp is pointing out to the restaurant that they're asking customers to violate the customers' TOS with Yelp. Nowhere is it insinuated that they themselves have an agreement with yelp. It is not being done behind the restaurant's back. The restaurant is paying the customers (in free pizza) to leave the feedback.

sjwright 12y ago
It's not the restaurant's responsibility to enforce Yelp's terms of service.