What is the test for a claim for damages arising out of a breach of contract between a defendant and a third party?

California, United States of America


The following excerpt is from Burger v. Meier, A139323 (Cal. App. 2014):

and a third party; (2) the defendant's knowledge of that contract; (3) the defendant's intentional acts designed to induce a breach or disruption of the contractual relationship; (4) actual breach or disruption of the contractual relationship; and (5) resulting damage. [Citation.] To establish the claim, the plaintiff need not prove that a defendant acted with the primary purpose of disrupting the contract, but must show the defendant's knowledge that the interference was certain or substantially certain to occur as a result of his or her action. [Citation.]" (Reeves v. Hanlon (2004) 33 Cal.4th 1140, 1148.)

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