Legal Opinion

Kutcher v. Zimmerman

Hawaii Intermediate Court of Appeals

Decided May 15, 1998No. 19780PublishedCited by 35 opinions

1Opinion of the Court

ACOBA, Judge.

We hold that a plaintiff alleging the tort of intentional interference with prospective contractual relations must plead and prove (1) a prospective contractual relationship existed between the plaintiff and a third party; (2) the defendant knew of this relationship; (3) the defendant intentionally interfered with the relationship; (4) the defendant acted without proper justification; (5) the defendant’s interference caused the third party to fail to consummate the prospective contract with the plaintiff; and (6) the defendant’s interference caused damages to the plaintiff.

In…

2Cases cited35 opinions

  1. Della Penna v. Toyota Motor Sales, USA, Inc.California Supreme Court · 1995
  2. Top Service Body Shop, Inc. v. Allstate InsuranceOregon Supreme Court · 1978
  3. Leigh Furniture and Carpet Co. v. IsomUtah Supreme Court · 1982
  4. Harsha v. State Savings BankSupreme Court of Iowa · 1984
  5. Blake v. LevySupreme Court of Connecticut · 1983

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3Cited by35 opinions

  1. Robert's Hawaii School Bus, Inc. v. Laupahoehoe Transportation Co.Hawaii Supreme Court · 1999
  2. Hawaii Medical Ass'n v. Hawaii Medical Service Ass'nHawaii Supreme Court · 2006
  3. Harris Group, Inc. v. RobinsonColorado Court of Appeals · 2009
  4. Patton v. PeopleSupreme Court of Colorado · 2001
  5. Highland Enterprises, Inc. v. BarkerIdaho Supreme Court · 1999

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