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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