Tuesday, February 18, 2014
Civil Case Attorneys Virginia Fairfax Limitations Statute Tort Claim
If
you are dealing with a civil case such as breach of contract, specific
performance etc. in Virginia or about to go through a civil case in Virginia,
contact us for help.
We
have client meeting locations in Fairfax Prince William Richmond Loudoun
Virginia Beach Fredericksburg Lynchburg.
Contact
our law firm today to speak with a lawyer today about your civil case. An attorney from our firm will do his best to
help you.
Our law firm has the necessary experience to assist you with this
matter. We will do our absolute best to
help you get the best result possible based on the facts of your case.
Smith v. David
Facts:
Plaintiffs filed demurrers and pleas of the
statute of limitations in response to a five count counterclaim brought by
defendant corporation in Fairfax, which contained various tort claims including
conspiracy, tortious interference with a contract, breach of fiduciary duty,
and defamation.
If you are facing a civil case in Virginia,
contact a SRIS Law Group lawyer for help.
You can reach us at 888-437-7747.
Holdings:
The Virginia Court made the following holding:
- The
common law recognizes a cause of action against those who conspire to
induce the breach of a contract, even when one of the alleged conspirators
is a party to the contract. The gist of the civil action of conspiracy is
the damage caused by the acts committed in pursuance of the formed
conspiracy and not the mere combination of two or more persons to
accomplish an unlawful purpose or use unlawful means. To recover in an
action for statutory conspiracy to harm a business, a plaintiff must prove
a combination of two or more persons for the purpose of willfully and
maliciously injuring another in his reputation, trade, business or
profession, Va. Code § 18.2-499, and resulting damage to the plaintiff,
Va. Code § 18.2-500.
- Proof
of actual malice or ill will is not necessary in order to recover for a
breach of an existing contract that is not terminable at will. What is
required is legal malice, which is defined as the intentional doing of a
harmful act without legal justification or excuse. Consequently, legal
malice is proven where it is proven that the defendant had knowledge or
grounds to know of the contract or expectation and induced a party to
breach the contract or thwart the economic expectation without
justification. However, actual malice is required in order to obtain an
award of punitive damages. In the context of causes of action involving
interference with a business relationship, freedom of action is balanced
against protection of the business relationship involved to determine
whether the affirmative defense of justification or privilege precludes
liability for actions which would otherwise be culpable.
If you are dealing with a civil case in Virginia or about to go
through a civil case in Virginia, contact us for help.
We have client meeting locations in Fairfax Prince William
Richmond Loudoun Virginia Beach Fredericksburg Lynchburg.
Contact our law firm today to speak with a lawyer today about your
civil case. An attorney from our firm
will do his best to help you.
We will do our absolute best to help you get the best result
possible based on the facts of your case.
Our law firm has the necessary experience to assist you with this
matter.
Disclaimer:
These summaries are
provided by the SRIS Law Group. They
represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for
their authoritative content.
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Our Phone #
|
Virginia | |
| Fairfax | 703-278-0405 |
| Prince William | 703-278-0405 |
| Loudoun | 703-278-0405 |
| Fredericksburg | 703-278-0405 |
| Richmond | 804-201-9009 |
| Virginia beach | 757-512-5002 |
| Lynchburg | 434-509-4004 |
|
Maryland | |
| Rockville | 240-399-0304 |
| Baltimore | 240-399-0304 |
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