M Civ JI 125.01 Tortious Interference with Contract: Elements

Plaintiff claims that defendant intentionally and improperly interfered with plaintiff’s contract with [ name of other party to contract ]. In order to establish the claim, plaintiff has the burden of proving:

(a) that plaintiff had a contract with [ name of other party to contract ] at the time of the claimed interference.

(b) that defendant knew of the contract at that time.

(c) that defendant intentionally interfered with the contract.

(d) that defendant improperly interfered with the contract.

(e) that defendant’s conduct caused [ name of breaching party ] to breach the contract.

(f) that plaintiff was damaged as a result of defendant’s conduct.

Your verdict will be for the plaintiff if the plaintiff has proved all of those elements.

Your verdict will be for the defendant if the plaintiff has failed to prove any one of those elements.

Note on Use

If the validity of a contract is an issue, this instruction must be modified.

Comment

This instruction is supported by Jim-Bob, Inc v Mehling, 178 Mich App 71, 95–96; 443 NW2d 451 (1989); Woody v Tamer, 158 Mich App 764, 773–774; 405 NW2d 213 (1987); and Trepel v Pontiac Osteopathic Hospital, 135 Mich App 361, 374; 354 NW2d 341 (1984).

For a discussion of knowledge or constructive knowledge in the context of a claim of tortious interference with contract, see Restatement Torts, 2d, § 766 comment i, pp 11–12.

History

M Civ JI 125.01 was added March 1993. Amended January 2020.