Gourmet V.

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INTRODUCTION This is a breach of contract case, Gourmet Jerky Co. breached the Exclusivity Agreement between the manufacturer, Gourmet Jerky Co. (“Gourmet”), and a distributor, Munchies Marketing, Inc. (“Munchies”). Gourmet’s actions were in violation of the agreement. After breaching the Exclusivity Agreement, Gourmet Tortious interfered with contracts that Munchies had with third party vendors, when it solicited Munchies customers in violation of the Exclusivity Agreement. As a result of these actions Gourmet was unjustly enriched. Gourmet has filed a Motion for Summary Judgment. Gourmet is not entitled to Summary Judgment pursuant to MCR 2.116 (C)(9) because there are genuine issues of material facts regarding both counts: Tortious Interference …show more content…

II. Genuine Issue of Material Fact Preclude Summary Judgment on Plaintiff’s Tortious Interference with a Contract Under Michigan law, the elements of a claim for tortious interference with a contract are: “(1) the existence of a contract, (2) a breach of the contract, and (3) an unjustified instigation of the breach by the defendant.” Prudential Def. Sols., Inc. v. Graham, 498 F.Supp. 3d 928, 941 E.D. Mich. 2020) (citing Health Call v. Atrium Home & Health Care Servs., 268 Mich. App. 83 (2005). The 'Standard' of the 'Standard'. A party who alleges tortious interference with a contract “must allege the intentional doing of a per se wrongful act or the doing of a lawful act with malice and unjustified in law for the purpose of invading the contractual rights. of another.” Derderian v. Genesys Health Care Sys., 263 Mich. App. 364, 382. “A wrongful act per se is an act that is inherently wrongful or an act that can never be justified under any circumstances. If the defendant's conduct was not wrongful per se, the plaintiff must demonstrate specific, affirmative acts that corroborate the unlawful purpose of the interference." Knight Enterprises, Inc. v. RPF Oil Co., 299 Mich. Appl. No. 89/02, p. 89. 277, 280. “Where

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