Skip to main content
A Better Partnership
January 18, 2013

COA Opinion: Tortious interference with contract requires proof of intent to induce breach of contract

In Knight Enterprises, Inc. v. RPF Oil Co., the Michigan Court of Appeals reversed the trial court's judgment in favor of the plaintiff, because the plaintiff failed to demonstrate that the defendant instigated the breach of contract. In this case, the plaintiff supplied gasoline to a gas station under a 10-year fuel supply agreement. The gas station owner breached the contract with the plaintiff and entered into a new contract with the defendant. But the undisputed testimony demonstrated that the gas station owner had told the defendant that he was not under any contract to purchase gasoline when he entered into the contract. Further, the gas station owner solicited bids for the new supply contract; the defendant did not initiate the contact. Therefore, the plaintiff's claim failed as a matter of law, as there was no evidence that the defendant induced the breach of contract.

NOTICE. Although we would like to hear from you, we cannot represent you until we know that doing so will not create a conflict of interest. Also, we cannot treat unsolicited information as confidential. Accordingly, please do not send us any information about any matter that may involve you until you receive a written statement from us that we represent you.

By clicking the ‘ACCEPT’ button, you agree that we may review any information you transmit to us. You recognize that our review of your information, even if you submitted it in a good faith effort to retain us, and even if you consider it confidential, does not preclude us from representing another client directly adverse to you, even in a matter where that information could and will be used against you.

Please click the ‘ACCEPT’ button if you understand and accept the foregoing statement and wish to proceed.



+ -