ABC Seller agrees to sell 100 widgets to XYZ Buyer for $10 per widget. This agreement creates a contract, which largely governs the rights and obligations of ABC Seller and XYZ Buyer. However, contracts such as this often impact additional entities or individuals beyond the parties themselves. For example, ABC Seller may need to contract with a manufacturer, who in turn may need to contract with components manufacturers, to honor XYZ Buyer’s order. ABC Seller and/or XYZ Buyer may need to contract with a shipping company to deliver the widgets. To the extent XYZ is selling the widgets to an end user, the end user will also benefit from the…
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TORTIOUS INTERFERENCE WITH CONTRACT
Last week, Lindley Law discussed the elements of tortious interference with expected inheritance, which can occur when an individual maliciously interferes with the making or revocation of a will to the detriment of the plaintiff. This blog will address a similar but distinct tort: tortious interference with contract. The Elements In North Carolina, to prove tortious interference with expected inheritance, a plaintiff must allege: A valid contract existed between the plaintiff and a third party, which conferred contractual rights upon the plaintiff against the third party; The defendant had actual knowledge of the contract between the plaintiff and the third party; The defendant intentionally induced the third…
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TORTIOUS INTERFERENCE WITH EXPECTED INHERITANCE
North Carolina recognizes a cause of action for tortious inference with expected inheritance. This cause of action can be confused with tortious interference with prospective economic advantage, which occurs in the context of a contract or potential contract. Conversely, tortious interference with expected inheritance occurs in the context of a will or estate, rather than in the context of a contract or potential contract. Further, unlike a cause of action for undue influence, which permits recovery by the testator (the person executing the will), tortious interference with expected inheritance permits recovery by the individual expecting to benefit from the testator’s will. The Elements To prove tortious interference with…
