M Civ JI 126.01 Tortious Interference with Business Relationship or Expectancy: Elements

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

(a) that plaintiff had a business relationship or expectancy with [ name of third party ] at the time of the claimed interference.

(b) that the business relationship or expectancy had a reasonable likelihood of future economic benefit for plaintiff.

(c) that defendant knew of the business relationship or expectancy at the time of the claimed interference.

(d) that defendant intentionally interfered with the business relationship or expectancy.

(e) that defendant improperly interfered with the business relationship or expectancy.

(f) that defendant’s conduct caused [ name of third party ] to disrupt or terminate the business relationship or expectancy.

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

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

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

Comment

This instruction is supported by Jim-Bob, Inc v Mehling, 178 Mich App 71, 95–96; 443 NW2d 451 (1989); Michigan Podiatric Medical Ass’n v National Foot Care Program, Inc, 175 Mich App 723, 735; 438 NW2d 349 (1989); Feaheny v Caldwell, 175 Mich App 291, 301; 437 NW2d 358 (1989); Bonelli v Volkswagen of America, Inc, 166 Mich App 483, 496–498; 421 NW2d 213 (1988); Woody v Tamer, 158 Mich App 764, 773–774; 405 NW2d 213 (1987); Feldman v Green, 138 Mich App 360; 360 NW2d 881 (1984); and Trepel v Pontiac Osteopathic Hospital, 135 Mich App 361, 374; 354 NW2d 341 (1984).

History

M Civ JI 126.01 was added March 1993. Amended January 2020.