Tortious Interference: Discussions in Torts

The topic of this podcast by Professor Scott J. Burnham is Tortious Interference – when one of the parties to a contract claims that a third party wrongfully interfered with the contract by inducing the other party to breach. The rule for when tortious interference arises after a contract can be found in Restatement (Second) […]

The topic of this podcast by Professor Scott J. Burnham is Tortious Interference – when one of the parties to a contract claims that a third party wrongfully interfered with the contract by inducing the other party to breach. The rule for when tortious interference arises after a contract can be found in Restatement (Second) of Torts § 766. Tortious interference can also arise before the contract is formed, when the third party is claimed to have interfered with the formation of a contract. The podcast includes a discussion of defenses to a claim of tortious interference, and examines the fine line between unlawful and permissible interference per Restatement (Second) of Torts § 767. The cases Texaco, Inc. v. Pennzoil Co. and Phillips v. MEA are covered, as is the movie The Insider which was based on a real tortious interference case.

Learning Outcomes

On completion of the podcast, the student will be able to:

1. Identify when a party to a contract may have a claim against a third party for tortious interference.

2. Discuss defenses to a tortious interference claim.

A transcript of this podcast is here.