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Simple Example
In Response To: Lawyer Challenge ()

A few years ago, I hit the $1,500 BuyItNow on a really nice Monaco 1133B. Market price at the time was around $7,500.

The next day, Seller was ready to ship, when an interloper offered the seller $3,000 for the watch. The seller accepted this offer and sent him the watch.

I believe that my damages were $6,000, for loss of the bargain.

I located the interloper (because the seller inadvertently mentioned his distinctive first name and he was one of our "regulars") and sent him a draft of the legal Complaint, demanding $6,000 in damages, and he sent me the watch . . . for $1,500 plus a couple of hundred that I offered, just because I am such a nice guy!!

The problem in these situations [interference with contract] is that there are two bad guys, and only one victim . . . it can get dicey.

For anyone interested, here is Wikipedia re tortious interference:

    Although the specific elements required to prove a claim of tortious interference vary from one jurisdiction to another, they typically include the following:
    1. The existence of a contractual relationship or beneficial business relationship between two parties.
    2. Knowledge of that relationship by a third party.
    3. Intent of the third party to induce a party to the relationship to breach the relationship.
    4. Lack of any privilege on the part of the third party to induce such a breach.
    5. The contractual relationship is breached.
    6. Damage to the party against whom the breach occurs.
These elements are usually fairly easy to satisfy, in an eBay or Chrono24 situation.

Jeff

+++++++++++++++++++++++++

: Ok Jeff - what exactly are your damages?

: Opportunity cost?

: just curious - since my GC asks me this all the time, when I'm
: ready to throw down.

: maybe your view will sharpen me up for my next encounter.

: Lanny

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