Regarding the element that Plaintiff must prevail, Plaintiff must secure favorable findings on both liability and damages. If Plaintiff secures a favorable finding on liability, but with no damage award, Plaintiff has not been considered to prevail and it not entitled to attorney’s fees. Plaintiff is not required to obtain a net recovery, however, before [...]
From an adverse party, as permitted by statute, contract, or equity. Smith v. Patrick 296 SW3d 545 (Tex. 2009). To recover attorney’s fees, Plaintiff must establish the following: Plaintiff pled for attorney’s fees Plaintiff’s recovery of attorney’s fees is authorized either by statute or by a contract between Plaintiff and Defendant, or under principles of [...]
Q- what sort of defenses should I expect him to try? Defenses sometimes asserted include Limitations, unclean hands, voluntary payment by Plaintiff, or pleading that the money is stolen money, even from a good-faith purchaser for value. Texas Bank v. Custom Leasing 498 SW2d 243 (Tyler 1973), and also ‘Unclean hands’, may include factors showing [...]
A related cause of action is ‘conversion’, generally described as a Plaintiff who owned or possessed or had the right to immediate possession of personal property, with Defendant wrongfully exercising dominion over it, with Plaintiff suffering injury. Earlier, this theory was called suing “in detinue” or “in trover”, although we do not use these any [...]
This cause of action, in Texas collections, used to be called ‘assumpsit’. It is an equitable claim that usually should be pleaded in the alternative to another claim such as ‘conversion’ which will be discussed later. This theory is usually applied to prevent unjust enrichment, and is based on a debt not evidenced by a [...]
Q- How I would expect an interferer to defend the charge? A Defendant sued for tortious interference may try to defend himself by alleging that the damages were actually Plaintiff’s fault. Southwestern Bell v. John Carlo 813 SW2d 613 (Houston 14th Dist 1991). Here, Defendant alleges that the Plaintiff’s own acts or omissions caused, [...]
What is Meant by ‘Intent to Interfere’? And how does the Court look at whether the act actually ‘caused’ an injury?
Q- what is meant by ‘intent to interfere’? Plaintiff also has the burden to show that the intent to interfere amounted to a knowing inducement or hindrance. This would be established by the Defendant intentionally inducing or causing a third party to breach its contract. The Supreme Court analyzing intentional interference is Clements vs. Withers [...]
The next element that Defendant willfully and intentionally interferred, contains several elements also. First, the Defendant must be a stranger to the contract, in order to tortiously interfere with it. A Defendant cannot tortiously interfere with its own contract. In the corporate context, a corporate agent, accused of interfering with the corporation’s contract, must be [...]
This series of blogs will discuss the tort of Intentional Interference with an existing Contract. This is slightly different than the tort of Intentional Interference with Prospective Business Relations, however. The elements of an action for tortious interference with an existing contract are as follows: Plaintiff had a valid contract Defendant willfully and intentionally interfered [...]
I was about to get a contract signed, but another company then ‘interfered’; can I sue that other company that caused the contract to not be entered into?
Closely related, is a cause of action based upon tortious interference with prospective relations. Under this theory, there will be shown a reasonable probability that the creditor would have entered into a business relationship with a third person, but the Defendant intentionally interfered with such relationship and such conduct was independently tortious or unlawful, also [...]