OUJI-CIV No. 24.3

Interference with Contract --- Improper or Unfair Means

Whether the defendant's conduct was improper or unfair depends

upon your consideration of all the facts and circumstances of the case, and a

balancing of the following factors:

1. The nature of the defendant's conduct;

2. The defendant's motive;

3. The interests of the plaintiff with which the defendant's conduct

interfered;

4. The interests sought to be advanced by the defendant;

5. The so cial interests in protecting the freedom of action of the

defendant and the contractual interests of the plaintiff;

6. The proximity or remoteness of the defendant's conduct to the

interference claimed by the plaintiff; and

7. The relationship among the plaintiff, _______ [name of breaching

party], and the defendant.

OUJI 3d (Rev. 2009) Chapter 24