Del. P.J.I. Civ. § 12.7

INTENTIONAL INTERFERENCE WITH A

CONTRACTUAL RELATIONSHIP

:

o One who intentionally and improperly induces or otherwise

intentionally causes a third-party not to perform a contract with another party is

responsible to that other party for the loss suffered as a result of the breach of

contract.

o One who intentionally and improperly induces or otherwise

intentionally prevents another from performing a contract with a third-party or

makes the performance of the contract more costly is responsible to the other party

for the loss suffered as a result of the prevention or interference with the contract.

o One who purposely and improperly induces or otherwise purposely

causes a third-party not to enter into or continue a prospective contractual relation

with another is responsible to that other party for the loss suffered as a result of the

prevention or interference with the contractual relationship.

You must determine whether [defendant’s name]’s conduct was improper. In

doing so, you may consider the following factors:

(1) the nature of [defendant’s name]’s conduct;

(2) [defendant’s name]’s motive;

(3) [plaintiff’s name]’s interests;

(4) the expectations of the parties involved;

(5) the relations between the parties involved;

(6) the interest that [defendant’s name] sought to advance;

(7) whether [defendant’s name]’s act was done for the purpose of causing

the interference or whether it was merely incidental to another purpose;

(8) the proximity or remoteness of [defendant’s name]’s conduct to the

interference; and

(9) society’s interest in protecting business competition as well as its

interest in protecting an individual against interference with their pursuit of profit or

lucrative return.