What is the test for a party to a contract to sue a third party for interference with the contractual relationship?
California, United States of America
The following excerpt is from Herron v. State Farm Mutual Ins. Co., 10 Cal.Rptr. 120 (Cal. App. 1960):
'The stated principle has been sanctioned also by our own Court in the recent case of Parker v. Brown, 195 S.C. 35, 10 S.E.2d 625, 631, wherein it was declared that: 'A party to a contract would have a cause of action against a third person for interference with the contractual relationship, but before liability could arise certain factors and elements must appear, the first of which is the existence of a valid contract.'
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a plaintiff sue a producer who has complied with third party standards but was found guilty of misrepresentation or breach of warranty because, in someone's opinion, the third-party standards were lax? (California, United States of America)
What is the test for determining whether a party to a long-term relationship with another party has a right to receive support payments after the relationship has ended? (California, United States of America)
Can a party rescind a contract where the contract was signed without the consent of the other party? (California, United States of America)
What is the test for a court to order an injunction against an injunction that would prevent a party from conducting activities that would otherwise interfere with the activities of a third party? (California, United States of America)
Does a plaintiff have to share in any profits arising from the sale of a property to a third party in order to claim damages from the third party? (California, United States of America)
Can a beneficiary of a third party creditor beneficiary contract rescind the contract before the commencement of an action against the beneficiary? (California, United States of America)
When a criminal defendant requests document discovery from a third party, does the third party respond by delivering materials to the clerk of the court? (California, United States of America)
What is the test for enforcement of a contract where the contract was signed expressly for the benefit of a third party? (California, United States of America)
If the full credit bid rule is extended to bar fraud actions against third parties, can appellant bring an action against the third party? (California, United States of America)
What is the statute of limitations for a sexual assault claim brought by a victim who was molested by a third party party? (California, United States of America)
