The Elements Of Proximate Cause And Damages Essay

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It is likely that Blake will be able to emerge victorious in a tortious interference suit against Fischer. Under Texas Law, the elements for tortious interference with an existing contract are: “(1) an existing contract subject to interference, (2) a willful and intentional act of interference with the contract, (3) that proximately caused the plaintiff 's injury, and (4) caused actual damages or loss.” Prudential Ins. Co. of Am. v. Fin. Review Servs., Inc., 29 S.W.3d 74, 77 (Tex. 2000). If the associate working on the elements of proximate cause and damages can prove the existence of those two elements, it is likely that Blake’s tortious interference case will prevail in Texas court since I have found it likely that the first two elements of an existing contract and a willful and intentional act of interference have been met. I. Blake’s contract with Winters Productions was likely a valid contract subject to interference. Although Blake was a minor and lacking in parental consent at the time he signed the contract with WP, the contract is likely valid under Texas law, and thus subject to interference. Each of the elements of a valid contract are undisputedly present in Blake’s agreement with WP: an offer, an acceptance in strict compliance with the terms of the offer, a meeting of the minds, consent by both parties, and execution and delivery of the contract with the intent that it become mutual and binding on both parties. See Stewart & Stevenson, LLC v. Galveston Party
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