M Civ JI 126.03 Tortious Interference with Business Relationship or Expectancy: Intent - Definition

When I say that plaintiff must prove that defendant intentionally interfered with the business relationship or expectancy, I mean that

(a) defendant’s primary, but not necessarily sole, purpose was to interfere with plaintiff’s business relationship or expectancy, or

(b) defendant acted knowing that [ his / her ] conduct was certain or substantially certain to cause interference with plaintiff’s business relationship or expectancy.

Comment

This instruction is adapted from Restatement (Second) of Torts §766 cmt j, at 12. See also Derosia v Austin, 115 Mich App 647, 654; 321 NW2d 760 (1982); Formall, Inc v Community National Bank of Pontiac, 166 Mich App 772, 781; 421 NW2d 289 (1988).

History

M Civ JI 126.03 was added March 1993.