Carvel v. Noonan case Question: On what theory did the franchisees sue Carvel? Q

Question

Carvel v. Noonan case

Question: On what theory did the franchisees sue Carvel?

Question: What must a plaintiff prove to win on this theory?

Question: What does economic advantage mean?

Question: How does this tort differ from tortious interference with contract?

Question: What are the elements of tortious interference with contract?

Question: In the Carvel case, what was the basis for the plaintiffs claim of economic advantage? What did Carvel do to upset the plaintiffs?

Question: Did the court agree that this conduct amounted to tortious interference with prospective advantage? Why or why not?

Explanation / Answer

ANS:

FRANCHISEES SUE CARVEL ON THE THEORY OF TORTUOUS INTERFERENCE WITH A PROSPECTIVE ADVANTAGE.

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ECONOMIC ADVANTAGE REFLECTS A SORT OF BUSINESS RELATIONSHIP POSSESSED BY PLAINTIFF, WHICH IS EXPECTED TO YIELD ECONOMIC BENEFIT.

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CARVEL FRANCHISEES WERE THE PLAINTIFFS. CARVEL DISTURBED THE BUSINESS RELATIONSHIP WITH PLAINTIFFS BY NOT SELLING ITS PRODUCTS THROUGH FRANCHISEE STORES. CARVEL SOLD ITS PRODUCTS TO SUPERMARKET AT BARGAIN PRICES.

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THE COURT HAD NOT AGREED TO TORTUOUS INTERFERENCE WITH PROSPECTIVE ADVANTAGE AS THE CARVEL ACTIVITY HAD NOT AMOUNT TO EXTREME AND UNFAIR.

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