Question

5. Intentional interference with contractual relations is a tort offense. What four elements must the plaintiff prove to show this tort.

6. A woman fell in a store. An employee placed the woman in the store infirmary but provided no further care. She did not request further care only the opportunity to lie down. She died in this infirmary six hours after the fall. The woman’s family sued the store for wrongful death. Step back from this emotionally charged scene and consider and briefly explain your defense as the store owner to this allegation.

7. Briefly define and distinguish between criminal law and civil law.

8. “White-Collar Crime” introduces seven areas under this term. What is your understanding of white-collar crime and how would you distinguish this label from that given to other crimes? Briefly discuss two of the areas that labels under white-collar crime.

Answer 1

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5. Intentional interference with contractual relations is a tort offense. What four elements must the plaintiff prove to show this tort.

At common law, a defendant is liable to pay damages in tort for actions intended to interfere with the plaintiff's contractual relations with a third party. In an intentional interference claim, the burden is on the plaintiff to prove the elements of the claim rather than on the defendant to prove that its acts were justified. 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.

Intentional IWCR also shares many elements with intentional IWPEA. A plaintiff must prove that:

1. A contract existed between the plaintiff and a third party;
2. The defendant knew about the contract;
3. The defendant engaged in conduct that prevented or hindered performance of the contract;
4. The defendant intended this result, or knew it was likely;
5. This harmed the plaintiff; and
6. The defendant’s conduct substantially caused this harm.