M Civ JI 125.02 Tortious Interference with Contract: Contract/Consideration - Definitions

A contract is an agreement to do or not to do a particular thing in exchange for adequate consideration. The agreement may be oral or in writing.

When I use the words “adequate consideration,” I mean a benefit for one party to the contract or a loss sustained or a responsibility assumed by the other party to the contract.

Note on Use

Additional instructions may be required depending on the facts of the case.

Comment

The definition of contract comes from McInerney v Detroit Trust Co, 279 Mich 42, 46; 271 NW 545 (1937).

The definition of consideration comes from Levitz v Capitol Savings & Loan Co, 267 Mich 92, 96; 255 NW 166 (1934), and Dow Chemical Co v Dept of Treasury, 185 Mich App 458, 468; 462 NW2d 765 (1990).

If no contract exists, an action for tortious interference with contract cannot be maintained. Williams v DeMan, 7 Mich App 71; 151 NW2d 247 (1967). An action for tortious interference with contract may be maintained if there is a contract, even though plaintiff is not able to enforce it for reasons such as the statute of frauds. Northern Plumbing & Heating, Inc v Henderson Bros, Inc, 83 Mich App 84, 92–93; 268 NW2d 296 (1978). But see Restatement (Second) of Torts §766 cmt f, at 10, for the distinction between void and voidable contracts.

History

M Civ JI 125.02 was added March 1993.