how courts have ruled in illinois when attorney has been sued for torturous interference

by Tito Kunde DDS Published 2 years ago Updated 1 year ago 7 min read

How hard is it to prove tortious interference?

It is more difficult to prove interference with business relations than interference with contracts, because of the difficulty in proving the existence of the business relationship. To prove tortious interference with an existing contract, four elements must be proven: The plaintiff had a valid contract.

What are the four required elements of the tort of tortious interference with a contract?

To prevail on the claim, plaintiff must prove four elements: (1) that a valid contract existed, (2) that defendant had knowledge of the contract, (3) that defendant acted intentionally and improperly, and (4) that plaintiff was injured by the defendant's actions.

What is tortious interference Illinois?

Illinois recognizes tortious interference with contract as a cause of action. Simply put, tortious interference with contract happens when a third party induces a breach of a contract to which it is not a party. While many people in business may not have heard of it, tortious interference happens all too frequently.Jul 2, 2015

What is the remedy for tortious interference with a contract?

Remedies that are commonly available to plaintiffs involved in a tortious interference case include both legal damages and equitable relief.Sep 29, 2021

Who is liable for tortious interference with a contract?

Within the field of Business Law, tortious interference occurs when a third party disrupts an existing business contract between two parties. The third party could be held liable for interfering and causing one or both parties to suffer damages as a result of the interference.

What is needed to prove tortious interference?

The requisite elements of tortious interference with contract claim are: (1) the existence of a valid and enforceable contract between plaintiff and another; (2) defendant's awareness of the contractual relationship; (3) defendant's intentional and unjustified inducement of a breach of the contract; (4) a subsequent ...

Can you tortiously interfere with your own contract?

An action for tortious interference will only lie against a third party. Thus, a party to a contract cannot tortiously interfere with his own contract. An agent of a party to a contract will be considered a party to the contract for purposes of tortious interference.

Which of the following must a plaintiff show do you demonstrate interference with a prospective advantage select all that apply?

What must a plaintiff show to demonstrate interference with a prospective advantage? Plaintiff had a reasonable expectation of obtaining an economic advantage; Defendant's conduct was independently unlawful; Plaintiff had a definite expectation of obtaining an economic advantage.

What is tortious interference with prospective economic advantage?

“Intentional interference with prospective economic advantage” is a type of unfair business practice that occurs when someone intentionally interferes with an established business relationship through unlawful or wrongful means (as compared to fair competitive practices).

What factor should a plaintiff consider when deciding which interference?

What factor should a plaintiff consider when deciding which interference tort applies to a situation? If the plaintiff had a contract with another party who breached the contract.

Which of the following is not an element of the tort of wrongful interference with a contractual?

Which of the following IS NOT an element of the tort of wrongful interference with a contractual relationship? A third party, without intent, caused a party to a contract to break that contract. Correct.

What are the three elements of tortious interference with contractual relations?

The elements of tort interference are: (1) existence of a valid contract; (2) knowledge on the part of the third person of the existence of contract; and (3) interference of the third person is without legal justification or excuse.Sep 21, 1999

What is a complaint in Illinois?

A lawsuit is initiated in Illinois when the Plaintiff files a document called a Complaint, stating a cause of action which would entitle the plaintiff from relief from the court, and requesting damages or other relief from the court.

What happens if a defendant files a 2-615 motion to dismiss?

‍If the defendant files a 2-615 Motion to Dismiss, the plaintiff's attorney must decide whether the motion has merit. If it does, the plaintiff's attorney will often not contest the motion, but will instead simply seek leave of court to file an amended complaint to correct the defects claimed in the motion.

What is a 2-615 motion to dismiss?

‍In a 2-615 Motion to Dismiss, the defendant argues that there is some defect on the face of the Complaint that makes it improper and makes dismissal of the case appropriate. Typically, 2-615 Motions are granted when the Complaint fails to state allegations which amount to a cause of action. For example, a cause of action for civil assault requires the plaintiff to plead the following elements: (1) an intentional act; (2) directed toward the plaintiff; (3) that causes the plaintiff a reasonable apprehension of an imminent offensive contact with the plaintiff's person. If the plaintiff fails to allege in her complaint that the offensive action was intentional, she has failed to allege facts amounting to a cause of action for assault, and a 2-615 Motion to Dismiss will result in her case being dismissed.

What is a 2-619 motion?

While 2-615 Motions to Dismiss allow for dismissal based on a failure to properly plead a cause of action, a 2-619 Motion requests that the case be dismissed based on certain specific defects or defenses in the complaint . A 2-619 Motion must argue one of the following specific points:

What is a response brief?

The plaintiff's attorney will then file a Response brief, in which he or she will make his or her counter-argument.

Cyberstalking and harassment

Meanith Huon was charged on July, 2, 2008, with two counts of criminal sexual assault, two counts of criminal sexual abuse, and one count of unlawful restraint due to his alleged interactions with “Jane Doe.” Barely one year later, on July 17, 2009, Huon was charged with cyberstalking and witness harassment based on allegations involving the same “Jane Doe.”.

Defamation count stands against ATL

The court allowed the defamation count against ATL to survive insofar as it implies Huon was charged with sexual assault prior to the “Jane Doe” incident and that he posed as a talent scout/promotional supervisor prior to the “Jane Doe” incident because later in the article, ATL suggested that Huon was charged with criminal sexual assault and harassment prior to meeting the alleged victim in question.