PLEASE USE EASY WORDS AND ANSWER THEM ALL WITH EASY WORDS TEXT BOOK: Marissa Ann

Question

PLEASE USE EASY WORDS AND ANSWER THEM ALL WITH EASY WORDS

TEXT BOOK:

Marissa Anne Pagnattaro, Daniel R. Cahoy, Julie Manning Magid, O. Lee Reed, & Peter J. Shedd, The Legal and Regulatory Environment of Business,17th edition, McGraw-Hill/Irwin, New York, N.Y., 2016.

CHAPTER # 10

Torts Affecting Business

Legal Environment of Business

Homework Assignment

Tort Law Affecting Business

3.    Interference with Business Relations

       You are concerned because several of your employees have recently broken their employment contracts and moved out of town. An investigation reveals that Slick and Company, Inc. your major competitor in a nearby city has paid large sums of money to all of your former employees to persuade them to break their contracts. Some former employees have gone to work for Slick & Company, but others have just taken the money and gone to work elsewhere, leaving you with a very small experienced workforce.

a. Discuss what legal steps you can take against Slick.

b. Discuss what legal steps you can take against the former employees.

4.   

a. A jury finds that Leigh, the defendant, is liable in a tort case. It determines that José, the plaintiff, has suffered $200,000 in damages. The jury also finds that José’s own fault contributed 25% to his own injuries. Under a comparative negligence instruction from the judge, what amount of damages should the jury award the plaintiff from the defendant?

b.

If the jury finds that José is personally responsible for 75% of his own injuries that caused the damages sued for, what do you believe is a fair amount that Leigh should be required to pay? Why?

Explanation / Answer

(a) Slick & company is guilty of intentional interference with contractual relations. In this case all the four elements necessary to establish the tort of intentional interference are present, viz. (1) contract (2) Slick knowledge about the contract (3) Slick’s intentional procurement of the contractual breach and (4) damages resulting from Slick’s tortuous interference. As a remedy, the plaintiff (the affected party) will obtain injunctive relief for Slick’s intentional interference with my business’ contractual relations.

Cause of action is tort of intentional interference; therefore damages recoverable under these causes are extensive up to all losses proximately caused by Slick’s wrongful interference. Damages recoverable under this cause of action are not limited to traditional contract damages. So the plaintiff may recover pecuniary loss of benefits of the contract; consequential losses, such as economic loss of profits; emotional distress; lost productivity, loss of reputation / goodwill.

(b) Action can be taken against employees basis the cause of action as breach of contract. The damages recoverable under the contract claim and the aforementioned tort claim will be coextensive limited to the lost benefits of contract which are direct and natural consequences of the contractual breach and within contemplation of the employees as contracting parties.

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