Texas law

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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

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 [...]

By |2017-06-16T15:17:47+00:00June 16th, 2017|Collections, Texas law|Comments Off on 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?

What do I need to show, to prove someone knows they are interfering with my business?

Switching gears a bit from fraud is the cause of action for “tortious” interference with existing contract. The general elements of such cause of action are as follows: A valid contract 2) that the Defendant willfully and intentionally interfered with, 3) proximately causing injury to Plaintiff and 4) the Plaintiff incurred actual damage or loss. [...]

By |2017-06-07T18:50:55+00:00June 7th, 2017|Collections, Texas law|Comments Off on What do I need to show, to prove someone knows they are interfering with my business?

How Do I Prove the Fraud Element of Their “Intent”?

Next is the element of” intent.”  Defendant must intend that the creditor or factor rely on the representation.  Many Texas collection cases, and in addition, the treatise known as the Restatement of Torts, states that to prove intent, the creditor must establish that the Defendant desired to cause the consequences of its act or believes [...]

By |2017-06-01T14:46:51+00:00June 1st, 2017|Collections, Texas law|Comments Off on How Do I Prove the Fraud Element of Their “Intent”?

What if the false statement of a Defendant was just ‘an opinion’?

An opinion may also be fraudulent if the Defendant knows that the statement of opinion is false, or if the opinion stated is based upon or supported with false statements of fact, that is intertwined with misstatements of fact, or if the opinion is based upon the Defendant’s special knowledge and the Defendant should have [...]

By |2017-05-25T18:27:37+00:00May 25th, 2017|Collections, Texas law|Comments Off on What if the false statement of a Defendant was just ‘an opinion’?

I think my customer’s agent defrauded me; is my customer still liable for that? What is meant by “a material misrepresentation”?

Q—I think my customer’s agent defrauded me; is my customer still liable for that? Obviously, the creditor should establish that Defendant is responsible for the false representation. Almost always, the named Defendant will be the person actually making the representation, but there are also a few limited situations where an employer may be vicariously liable, [...]

By |2017-05-17T17:52:19+00:00May 17th, 2017|Collections, Texas law|Comments Off on I think my customer’s agent defrauded me; is my customer still liable for that? What is meant by “a material misrepresentation”?

I’m a factoring company, and I’m not being paid; what are the elements of ‘fraud’?

We last discussed factoring agreements and breach of contract claims, in relation to Texas debt collection attorneys. Related to the factoring agreement, in collection on the contract, in the context of Texas debt Collection actions, the creditor will often discover fraud, sometimes referred as” fraudulent misrepresentation” or “fraudulent inducement”. First, let’s set forth the elements [...]

By |2017-05-11T20:17:03+00:00May 11th, 2017|Collections, Texas law|Comments Off on I’m a factoring company, and I’m not being paid; what are the elements of ‘fraud’?

Damages in Texas; Pleading, Mental Anguish, and Restitution Damages.

Q- What proof is required in my lawsuit when totaling damages? Actual damages, which are also called “compensatory damages” are awarded to compensate for an injury or to repair a wrong.  Actual damages may be either economic or non-economic and do not include exemplary damages.  Economic damages compensate for actual economic or pecuniary loss, and [...]

By |2017-05-05T14:03:31+00:00May 5th, 2017|Collections, Texas law|Comments Off on Damages in Texas; Pleading, Mental Anguish, and Restitution Damages.