Question No 2 In the case of American Express v Square Inc, the issue is whether American Express committed any wrongdoing in their business deal with Visa. Jack Dorsey of Square Inc. is filing claims of Tortious Interference with his Contract as well as Tortious Interference with a Prospective Advantage and Defamation. Under Tortious-Contract, which is an intentional tort in which the defendant improperly induced a third party to breach a contract with the plaintiff, the plaintiff must establish four elements to make a case. They are: Establish that there was a contract between the plaintiff and a third party; the defendant knew of the contract; the defendant improperly induced the third party to breach the contract or made performance of the contract impossible; and there was injury to the plaintiff. Under Tortious-Advantage, A plaintiff who has definite and reasonable expectation of obtaining an economic advantage may sue a corporation that maliciously interferes and prevents the relationship from developing. Under Defamation, a plaintiff must prove four elements which are: There was a factual statement that was made that is likely to harm another person’s reputation; The statement must be false; The statement must be communicated to at least one person other than the plaintiff; and the plaintiff must show some injury. Square Inc is also eligible to receive Compensatory and Punitive Damages due to the scale of the Tort. A contract existed between Square Inc and Visa,
That the elements which a plaintiff must plead to state the cause of action for intentional interference with contractual relations are (1) a valid contract between plaintiff and a third party; (2) defendant’s knowledge of this contract (3) defendant’s intentional acts designed to induce a breach of disruption of the contractual relationship; (4) actual breach or disruption of the contractual relationship; and (5) resulting damage. Citing Bauer vs. Interpublic Group of Companies, Inc., 255 F. Supp. 2d 1086 (N.D. Cal. 2003)
Plaintiff’s investment in defendant’s training is used to the benefit of a competitor. Hapney v. Central Garage, Inc., So.2d 127, 132 (Fla. Dist. Ct. App. 1991). In Milner, the defendant went to multiple trainings and used these specialized skills to perform installations, cabling, repair and service work on telephone system, which is the same type of work he did for the plaintiff. Milner Voice & Data, Inc. v. Tassy, 377 F. Supp. 2d 1209, 1216 (S.D. Fla. 2005). Defendant sent letters and emails relating to subcontracting for installation and service connected to the same phone service as plaintiff. Id. at 1217. Defendant helped install telephone system sold to direct customer of plaintiff, which was the same job he proposed when he was working for the plaintiff. Id. at 1218. Defendant had also performed service and repair for several of plaintiff’s clients because plaintiff’s substantial investment in training, the defendant used his training to benefit plaintiff’s competitor. Therefore, the court held that the plaintiff had a substantial investment in need of protection. Id.
“Tortious interference with business relationships arises only out of the relationship between three parties, the parties to a contract or other economic relationship . . . and the interferer.” K&K Mgmt, Inc. v. Lee, 316 Md. 137, 154 (1989). A party may maintain an action “upon the doctrine that a man who induces one of two parties to a contract to break it, intending thereby to injure the other or to obtain a benefit for himself, does the other an actionable wrong.” Natural Design, Inc. v. Rouse Co., 302 Md. 47 (1984); Restatement (Second) of Torts § 766.
A tort is wrongful interference against a person or property, other than breaches of contract, for which the courts can rectify through legal action. The reform effort is aimed at reducing the number of unnecessary lawsuits that burden the court system while still allowing injured parties compensation when they’ve been wronged. This latest effort at tort reform has given rise to the same spirited rhetoric that might be found in a courtroom.
Identify and explain the four elements of proof necessary for a plaintiff to prove a negligence case
FindLaw Inc. (November 1, 1999). Business Torts: Misrepresentation, Interference and Unfair Competition. Retrieved from http://www.inc.com/articles/1999/11/15387.html
For a plaintiff to win a case they need the following. Show that they are
There are four elements to tort law: duty, breach of duty, causation, and injury. To claim damages, there must be a breach in the duty of the defendant
In this report we focus on the two main competitors in the package delivery industry: Federal Express Corporation (FedEx) and United Parcel Service of America, Inc.
American Express is one of the main organizations with a solid, worldwide nearness over the whole installments chain. They are the world 's biggest card backer, with premium system for high-spending card individuals. They handle a great many exchanges every day, and have accomplices that give business-building administrations to an overall trader base. With them having this level scale crosswise over installments gives them different chances to develop their business and drive advancement in the commercial center. It 's additionally a portal to a more extensive exhibit of administrations that further separate American Express. ("Our Company," n.d.)
Hiding or divulging information: Goldman bet against their clients several times. They knew material information on certain investment; however, they never communicated that to their clients because they were making money off them.
Rule based accounting standards are difference from principle based standards in that rule based standards are just that – rules. For instance, the Internal Revenue code is rule based. There are things you can do and things you can’t. When rules are broken,
American Express began as a freight forwarding company in the 1850s, then repositioned as a travel agency, a financial and consulting services company. By recognizing that technology has changed the way people communicate and transact with one another, American Express understands the scope and role of internet technology on the travel market. The corporation turned itself into the booming sector of online services and became an interactive business player in a wide array of services. Today, American Express, known as Amex, is a multi-billion dollar corporation that has reshaped its services and operates more than 1700 travel service locations in over 130 countries across the globe.
American Express, also know as AMEX, is a global financial services company headquartered in New York City and founded in 1850. With 54,000 employees and a revenue of over 35 billion dollars American Express stands tall on the New York Stock Exchange (Sec.gov). American Express is best known for it’s credit cards, which make up about twenty-five percent of total dollar volume in credit card transactions in The United States of America (Reviews.greatplacetowork.com). American Express’ goal is to maintain a leading and almost elite reputation with as many qualified card holders as possible. American Express does this by concentrating on the customer’s experience and branding that experience. American Express’ key components in maintaining and further exceling into this goal includes focusing on their human recourses, social responsibility, and marketing techniques.
The American Express company also known as Amex, it is an American multinational corporation. The company was eventually started as an express mail business in Buffalo, New York. It was formed as a joint stock corporation through the merger of express companies owned by Henry Wells( Wells Company), William G. Fargo (Livingston, Fargo and company)and John Warren Butterfield (Wells, Butterfield and company).