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Reply #8: He should sue the bank employee for tortious interference with his right [View All]

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AP Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Nov-11-04 09:41 PM
Response to Reply #3
8. He should sue the bank employee for tortious interference with his right
to contract.

Here are the elements of that claim in NC:

First, a valid contract must exist between the plaintiff and a third party that provides the plaintiff with contractual rights. (There was a valid employment contract.)

Second, the defendant must have knowledge that the contract exists.  (She knew the guy was an employee -- she complained to the employer.)

Third, the defendant must intentionally induce the third party not to perform the contracts. (She was trying to get the guy punished.)

Fourth, the defendant must induce the nonperformance of the contract without justification. (This would make the most interesting part of the trial -- does not liking a persons response to your political statement justify you getting the guy fired?)

Fifth, the third party’s failure to perform the contract results in actual damage to the plaintiff. (Causation is pretty clear here.)
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