M Civ JI 125.03 Tortious Interference with Contract: Intent - Definition

When I say that plaintiff must prove that defendant intentionally interfered with the contract, I mean that

(a) defendant’s primary, but not necessarily sole, purpose was to cause [ name of breaching party ] to breach the contract, or

(b) defendant acted knowing that [ his / her ] conduct was certain or substantially certain to cause [ name of breaching party ] to breach the contract.

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 125.03 was added March 1993.