Wednesday, February 10, 2010

If it's true that there were software integration problems on a project, for example Collins, would this be?

because there was ';tortious interference'; ?








(wikipedia)





Tortious interference, in the common law of tort, occurs when a person intentionally damages the plaintiff's contractual or other business relationships.





This tort is broadly divided into two categories, one specific to contractual relationships (irrespective of whether they involve business), and the other specific to business relationships or activities (irrespective of whether they involve a contract).





Tortious interference with contract rights can occur where the tortfeasor convinces a party to breach the contract against the plaintiff, or where the tortfeasor disrupts the ability of one party to perform his obligations under the contract, thereby preventing the plaintiff from receiving the performance promised.





The hardcore instance of this tort occurs when one party induces another party to breach a contract with a third party, in circumstances where the first party has no privilege to act as it does and acts with knowledge of the existence of the contract.





Such conduct is termed tortious inducement of breach of contract.





Tortious interference with business relationships occurs where the tortfeasor acts to prevent the plaintiff from successfully establishing or maintaining business relationships.





This tort may occur when a first party's conduct intentionally causes a second party not to enter into a business relationship with a third party that otherwise would probably have occurred.





Such conduct is termed tortious interference with prospective business relations, expectations, or advantage or with prospective economic advantage.





Typical examples


Tortious interference of business.- When false claims and accusations are made against a business or an individual's reputation in order to drive business away.





Tortious interference of contract.- When an individual uses ';tort'; (a wrongful act) to come in between two parties mutual contract.





Elements


Although the specific elements required to prove a claim of tortious interference vary from one jurisdiction to another, they typically include the following:





The existence of a contractual relationship or beneficial business relationship between two parties.


Knowledge of that relationship by a third party.


Intent of the third party to induce a party to the relationship to breach the relationship.


Lack of any privilege on the part of the third party to induce such a breach.


Damage to the party against whom the breach occurs.


The first element may, in employment at will jurisdictions, be held fulfilled in regards to a previously unterminated employer/employee relationship.If it's true that there were software integration problems on a project, for example Collins, would this be?
problems caused by there being no proper chain of custody





no chain of custody, caused by rogue, ';office powerpath'; staff member





rogue staff member causes interference

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