Monday, May 16, 2011

contracts - tortious interference - truthful statements not actionable

Walnut Street Associates v. Brokerage Concept, Inc. - Pa. Supreme Court - May 13, 2011

Restatement (Second) of Torts § 772(a) applies in Pennsylvania to preclude an action for tortious interference with contractual relations where it is undisputed that the defendant's interfering statements were truthful.FN1

One who intentionally causes a third person not to perform a contract or not to enter into a prospective contractual relation with another does not interfere improperly with the other's contractual relation, by giving the third person
(a) truthful information, or
(b) honest advice within the scope of a request for the advice.
Restatement (Second) of Torts § 772 (1979)