/in-duh-PEN-duhnt and in-TEN-shuh-nuhl LEE-guhl RONG/
Also known as:tort
Written by attorneys · grounded in primary & secondary sources — see below
Conduct amounting to a distinct tort or crime committed by the defendant in addition to any interference with contractual relations. The conduct must be intentional and independently actionable under tort or criminal law.
Sources & Authorities
How it applies
Common Examples
6
Threat of Battery to Force Contract
Imani Idowu threatened to strike Ike Ingram unless he signed a release of claims. The threat constituted an independent and intentional legal wrong because it was itself an assault. Under the governing rule the threat of a tort rendered the resulting agreement voidable for duress.
Intentional Tort Aimed at Forum
Inertia Dynamics published false statements about Iris Irons that were expressly aimed at California customers and caused her known harm there. The publication was an independent and intentional legal wrong in the form of defamation. Under the effects test the company became subject to personal jurisdiction in California.
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Common Law
Restatements
Study Supplements
Infinity Bank repossessed and sold Interlink Communications' movable equipment without authority. The conversion was an independent and intentional legal wrong separate from any security-interest dispute. Because the items were goods under the statute the bank faced tort liability in addition to any contract claims.
Battery Causing Compensable Harm
Iain Irons struck Ingrid Innes during a business meeting causing physical injury. The battery was an independent and intentional legal wrong. The resulting sum of money awarded to the injured party constituted damages under the applicable tort definition.
Trustee's Tort in Administration
A trustee of Ironclad Industries' trust committed conversion of trust assets while managing the property. The conversion was an independent and intentional legal wrong. The claim could be asserted against the trustee in fiduciary capacity under the governing trust statute.
Malicious Breach of Promise
Ilana Isaacs maliciously broke her engagement to Ike Ingram after accepting substantial wedding expenditures. The malicious conduct amounted to an independent and intentional legal wrong. Recognition of the tort aspect permitted an award of punitive damages in addition to actual losses.
Common questions
Frequently Asked
3
What makes conduct an independent and intentional legal wrong in an interference claim?+
The conduct must constitute a separate tort or crime that is actionable apart from the interference itself and must be committed intentionally.
Supporting sources
Can the same act serve as both the interference and the independent wrong?+
No. The wrong must be distinct from the interference element so that the plaintiff can satisfy the impropriety requirement through an additional legal violation.
Supporting sources
Does the independent wrong need to be directed at the plaintiff?+
The wrong must be intentional but need not be aimed solely at the plaintiff. It is sufficient that the defendant commits an actionable tort or crime while pursuing the interference.
Supporting sources
410 U.S. 113 (1973)Constitutional Law
…in narrowly defined situations and except when the rights are contingent upon live birth. For example, the traditional rule of tort law denied recovery for prenatal injuries even though the child was born alive.[^maj-63] That rule has been changed in almost every jurisdiction. In most States, recovery is said to be…