Tuesday, September 29, 2009

The elements of tortious interference [not spelled tortuous]

PROVING A TORTIOUS INTERFERENCE CLAIM (interference with contract) A party alleging tortious interference must prove that a contract subject to interference exists; that the alleged act of interference was willful and intentional; that the willful and intentional act proximately caused damage; and that actual damage or loss occurred. Prudential Ins. Co. of Am. v. Fin. Review Servs., Inc., 29 S.W.3d 74, 77 (Tex. 2000); Four Bros. Boat Works, Inc. v. Tesoro Petroleum Cos., 217 S.W.3d 653, 668 (Tex. App.- Houston [14th Dist.] 2006, pet. denied). SOURCE: 14-08-00093-CV (9/29/09) (Fourteenth Court of Appeals in Houston)

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