Deceptive Trade Practices Act

/Deceptive Trade Practices Act

Defendant has my property, how do I get it returned under ‘Conversion’?

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 [...]

By |2017-08-10T19:38:14+00:00August 10th, 2017|Deceptive Trade Practices Act, Texas law|Comments Off on Defendant has my property, how do I get it returned under ‘Conversion’?

How I would Expect an Interferer to Defend the Charge? And What Damages Can be Recovered?

  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, [...]

By |2017-07-21T15:37:54+00:00July 21st, 2017|Deceptive Trade Practices Act, Texas law|Comments Off on How I would Expect an Interferer to Defend the Charge? And What Damages Can be Recovered?

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 [...]

By |2017-07-14T14:38:35+00:00July 14th, 2017|Deceptive Trade Practices Act, Texas law|Comments Off on What is Meant by ‘Intent to Interfere’? And how does the Court look at whether the act actually ‘caused’ an injury?

What kind of ‘interference’ with a contract is the Court looking for?

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 [...]

By |2017-07-06T18:15:45+00:00July 6th, 2017|Deceptive Trade Practices Act, Texas law|Comments Off on What kind of ‘interference’ with a contract is the Court looking for?

Intentional Interference with an Existing Contract

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 [...]

By |2017-06-28T16:10:32+00:00June 28th, 2017|Deceptive Trade Practices Act, Texas law|Comments Off on Intentional Interference with an Existing Contract

Is the Defendant “Privileged”? And What Damages Can I Recover?

Q- Is the Defendant “privileged”? i.e. does he have an excuse to say these things? Plaintiff must also establish that the disparaging words were communicated without privilege. Although the law is a bit unsettled in Texas, it appears that plaintiff has the burden to negate privilege. The idea that privilege is a defense to a [...]

By |2017-02-27T16:42:10+00:00February 27th, 2017|Deceptive Trade Practices Act, Texas law|Comments Off on Is the Defendant “Privileged”? And What Damages Can I Recover?

Deceptive Trade Practices Act – Who Can Sue, And For What – Part 2 of 2

Next case, a lottery ticket buyer sues the lottery ticket seller, under DTPA, but court says no, the ticket is neither a good nor a service, it only represents the right to participate in the drawing. Kinnard 966 SW2d 613 (San Antonio 1998). Next case, an oil company sues a supply company, alleging poor quality, [...]

By |2016-12-12T16:47:35+00:00May 25th, 2016|Deceptive Trade Practices Act|0 Comments

Deceptive Trade Practices Act – Who Can Sue, And For What – Part 1 of 2

In this blog we will address certain aspects of the Texas DTPA, Tex. Bus. & Comm. Code sec. 17.46. Generally, the DTPA is to be liberally applied, to promote its purpose of protecting ‘consumers’ from false, misleading, and/or deceptive business practices. We will take a quick look and ask whether the Plaintiff is in fact [...]

By |2016-12-12T16:47:27+00:00May 20th, 2016|Deceptive Trade Practices Act|0 Comments