Copyright (c) 1993 University of Dayton Law Review
University of Dayton Law Review
ARTICLES: OHIO TORTIOUS INTERFERENCE LAW AND THE ROLE OF PRIVILEGE AND COMPETITION
18 Dayton L. Rev. 635
Thomas J. Collin* Timothy A. Ita** Suzanne E. Bretz***
This Article analyzes state and federal decisions applying Ohio law on the subject of tortious interference with contractual relations, prospective contractual relations, and more general business relations. This Article also examines the role of privilege, justification, and competition in those decisions. Section II of this Article addresses the elements of tortious interference in Ohio and discusses the leading decisions that have defined the principles governing this area of the law. Section III discusses several discernable categories of Ohio tortious interference case law. Section IV then sets forth principles governing the invocation of privilege or justification under Ohio law and discusses whether these issues are properly treated as elements of the plaintiff's case or as affirmative defenses. Section IV also specifically focuses upon the courts' treatment of the competition defense as well as upon other related justifications. Section V then elaborates on proximate cause principles germane to the tortious interference context. Finally, Section VI also discusses damage principles relevant to tortious interference claims.
This Article presumes familiarity with the approach to tortious interference embodied in sections 766-774A of the Restatement (Second) of Torts. 1 Since Ohio law generally follows the view adopted by both the First and Second Restatements, this Article briefly mentions various topics regarding the controlling principles set forth in the Restatement. The details of the Restatement's comments, illustrations, and interpretations by courts and commentators are, however, left to the reader's independent review.
Considering the proliferation of tortious interference claims in garden variety ...
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