Except here, Kiffin induced a breach of contract

by Sherman Oaks, California, Tuesday, July 27, 2010, 08:14 (5798 days ago) @ Kevin

In that case, at least in CA, wrongful conduct is not an independent element of the tort -- as would be the case, for example, on a claim of interference with prospective economic advantage (where no breach is induced).

There still would be an affirmative defense that the conduct falls within the competition privilege, but USC and Kiffin would bear the burden of proof on this. And Kiffin's decision not to tell Fisher until after the fact could harm such a defense, at least in a jury's eyes.


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