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…
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How Statutes of Limitations May Affect Harvey Weinstein’s Accusers’ Legal Options
Should the mounting allegations of sexual harassment and assault prove to be true – and it’s not looking so good for him – then Harvey Weinstein is a criminal. This isn’t just “bad behavior” or “acting inappropriately.” Sexual assault is a crime punishable by law. However, it is also a tort (a civil wrong) that could result in financial liability if proven in court. Criminal assault and civil assault have different statues of limitations. It is possible that he could be held criminally liable as well as civilly liable should his accusers bring a suit against him before the civil statute runs in each of their particular cases. In many…
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Recorded Conversations: What Kanye West, Kim Kardashian, and Taylor Swift Can Teach Us
Kanye West and Kim Kardashian are not law professors, but in their latest public feud with pop-star extraordinaire Taylor Swift, they are providing an interesting example of the legality of recorded conversations as well as their admissibility in civil court. The Feud Putting aside the inception of the feud (“Imma let you finish…”) and the back and forth since then, the most recent chapter began when Kanye West released his song “Famous” earlier this year with lyrics referencing Taylor Swift: “I feel like me and Taylor might still have sex / I made that bitch famous.” West claims that he obtained Swift’s consent for the lyrics during a…
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The Legal Considerations of Using Drones in Construction Zones
The use of drones is no longer science fiction or limited to combat zones; commercial drones are the way of the future. Drones are used in a host of industries: aerial photography, real estate, agriculture, construction, search and rescue, emergency management, and mining. Even package delivery via drone may soon be a part of our everyday lives. In May of 2014, the Federal Aviation Administration (FAA) began approving petitions for commercial drone usage and those slated for construction purposes comprised roughly 13% of the first 1000 approvals.[1] These drones are not actually building structures or moving materials (yet). Instead,…
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Death by Alcohol – Who is [More] at Fault?
Last week the North Carolina Court of Appeals reversed the lower court’s decision allowing a case involving alcohol poisoning against a hotel and its staff to go forward.[1] Lisa Davis and her husband Thomas were celebrating their wedding anniversary at the Crown Plaza Resort in October of 2012. They had dinner at Mulligans, the hotel’s restaurant, and spent four and a half hours there. Between the two of them, they consumed twenty-four drinks – drinks the restaurant’s employees served them. Not surprisingly, Lisa was extremely intoxicated. She was unable to walk and unable to stand up after falling, so the hotel employees put her in…
