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(1) One reason for this is that the other salesperson would get the benefit of the first

one's effort. I'm not sure I agree with this!!

B. Azar v. Lehigh Corp.

1. Facts. Lehigh Corp. was a developer of real estate.

a. It's practice was to get solicit individuals to look at its property in hope of purchasing
lots or condominiums.

b. Lehigh would provide prospective customers with accommodations while they give you
the "pitch" to purchase their product (Just like time shares).

c. Azar knew Lehigh's process because he used to work for them.

d. When Azar saw a prospective client go into Lehigh's office, he also made a play for
them, offering them similar property at a cheaper price.

e. Lehigh brought an injunction against Azar to keep him from during this. Lehigh claimed
this was Azar was tortitiously interfering with the business relationship between Lehigh
and his customers.

f. Azar said this is merely friendly competition.

2. Trial Court. The trial court allowed the injunction thus restraining Azar from interfering with
Lehigh.

3. Court of Appeals. The court of appeals agreed with the trial court. The found that Azar conduct
was unfair because it met the requirements of interference with a business relationship. The 3
requirements were:

a. the existence of a relationship where plaintiff has legal rights

b. Intentional, unjustified Interference and

c. Damages resulted.

C. Defenses to Wrongful Interference with a Contractual or Business Relationship. When allegations of


wrongful interference are alleged, the classic defense it is "this is merely bona fide competition."

1. Public Policy Favors Free Competition. Bona fide competition is usually a good defense because
public policy favor competition.

a. Key Point. The primary point I'm trying to make is the customer has a right to buy his
product from anyone he wants.

b. Example 1: Mr. ??? what about this; Seimens sells telephone switches to Bellcore for
$25,000 apiece. Northern Telecom calls Bellcore and tells them that they can sell the
same switch to Bellcore for $22,000 plus give them more feature. Is this illegal???

c. Example 2: Mr. ??? what do you think about this: Seimens sells telephone switches to
Bellcore for $25,000. Northern Telecom hires "Andy" as a sales representative. Andy's
dad is a chief executive of Bellcore. Bellcore starts to purchase from Northern vs.

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