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
Symbolic Deconstruction in The Crying of Lot 49 The paths leading toward knowledge (of self, of others, of the world around us) are circuitous. Thomas Pynchon, in his novel The Crying of Lot 49, seems to attempt to lead the reader down several of these paths simultaneously in order to illustrate this point. Our reliance on symbols as efficient translators of complex notions is called into question. Beginning with the choice of symbolic or pseudo-symbolic name, Oedipa Maas, for the central character
There are two levels of participation within The Crying of Lot 49: that of the characters, such as Oedipa Maas, whose world is limited to the text, and that of the reader, who looks at the world from outside it but who is also affected the world created by the text.3 Both the reader and the characters have the same problems observing the chaos around them. The protagonist in The Crying of Lot 49, Oedipa Mass, like the reader, is forced to either involve herself in the deciphering of clues or not
Pynchon's Gravity's Rainbow Thomas Ruggles Pynchon was born in 1937 in Glen's Cove, New York. He is the author of V., The Crying of Lot 49, Gravity's Rainbow, Slow Learner, Vineland, and Mason & Dixon. Nothing else is known of this author (not exactly true, but close enough to the truth to make that last blanket statement passable). He has attempted to veil himself in total obscurity and anonymity. For the most part, he has succeeded in this, save for a rare interview or two. In 1974 he
Journey of Self-Discovery in Thomas Pynchons' The Crying of Lot 49 Thomas Pynchons' The Crying of Lot 49 challenges the readers' perception of the world by enfolding his readers, through a variety of means, within the intricate workings of his narrative. It centers around would be heroine Oedipa Maas whose life is turned upside down when she discovers that she has been made executor of the estate of old flame and entrepreneur Pierce Inverarity. When she is imposed upon to travel to the fictional
The Simulation of a Capitalist Society: The Crying of Lot 49 In Jean Baudrillard’s, Simulacra and Simulations he discusses how symbols and signs constitute our reality and argues that our society has lost all connections to anything meaningful and real through the proliferation of signs and how that consequently leads our existence towards a simulation of reality. Sixteen years before the publication of Simulacra and Simulation, Thomas Pynchon’s 1966 novel, The Crying of Lot 49 parodies this idea
Bene*censored*, a young lord, and Claudio his best friend are all returning from war, and have been invited to stay with Leonato for a month. Shakespeare's antagonist Don John, bears much resemblance to Don John of Austria, the illegitimate son of Charles V, half-brother to the King of Aragon who defeated the Turks at Lepanto and returned to Messina after his victory in October of 1571. Don John of Austria had many of the qualities that Shakespeare's Don John did, he was not on good terms with his brother
LOUIS XIV Louis XIV was one of four leaders, (along with Charles V, Napoleon, and Adolf Hitler) who had an opportunity to establish their hegemony over much of Europe in the time period after 1500. Although Louis XIV failed in his attempt to dominate Europe politically, it was during this time span that Europe was very strongly influenced by French culture and civilization. Louis XIV is a paradigm of European monarchs. He was known as Louis the Great, The Grand Monarch, and the Sun King. Louis
Romanticism, as stated in the American Heritage Electronic Dictionary is, "An artistic and intellectual movement originating in Europe in the late 18th century and characterized by a heightened interest in nature, emphasis on the individual's expression of emotion and imagination, departure from the attitudes and forms of classicism, and rebellion against established social rules and conventions." Falstaff is the ideal romantic character. In an article written by Harry T. Baker titled, "The Two Falstaffs"
William Shakespeare's Henry V Throughout the of the play, Henry V, Shakespeare establishes Henry’s status through a range of other characters. This essay will focus on the linguistic features and the specific words used by these characters to achieve their view of Henry. In the first extract (Act I, scene I, line 22-37) the Archbishop of Canterbury and the Bishop of Ely discuss Henry’s status as a war mongering Christian king ‘full of grace (Christian goodness) and fair regard’ (line
The Power of Eve Ensler's The Vagina Monologues When Obie award-winning author and playwright, Eve Ensler, began collecting testimonials from women across the country regarding their experiences with sexuality, she had no idea what would eventually occur as a result of her innovative ideas. Ensler gathered 200 monologues from women, and wove them into a play that represents the strength and vitality of female sexuality. The Vagina Monologues were first performed in the basement of New York
Persuasive Techniques Used by Henry in Act Four Scene Three in Shakespeare's Henry V Henry's speech is well prepared; he uses various key features in a persuasive leader. Before Henry starts of he is able to turn weakness into strengths. He immediately identifies what is wrong with his soldiers, the larger French army. King Henry commences by giving his soldiers confident advice, he says 'if we are marked to die, we are enough to do our country's loss.' Essentially this means that the
Looking at the example of grudge, envy is inferred when the man intensely desires the other man’s wife. Out of the two s... ... middle of paper ... ...esentment>. "resentment." Merriam-Webster. Merriam-Webster. 9 May 2014. . "Henry V: Entire Play." Henry V: Entire Play. 9 May 2014. . Nietzsche, Fredrich Welhelm. Ecce Homo. Barlett’s Familiar Quotation. Ed. John Barlett. New York: Philosophical Library Inc, 1965. ThinkExist.com Quotations. “Forgiveness quotes”. ThinkExist.com Quotations Online
When I was 14, I watched “V for Vendetta”, a movie based on the graphic novel of the same name. It’s an action movie about a dystopian, Orwellian future in the UK, and one man’s attempts to bring freedom back. Many denounce the movie as merely anarchist propaganda, but I believe that it is more than just that. I believe that it is about modern moral ambiguity, taking responsibility for one’s own wants and needs, and freedom conquering oppression. The moral ambiguity of the film is one of the most
Henry VIII, infamously known for his many marriages as well as his role in the English Reformation, reigned as king of England from 1509 until his death in 1547. After his brother died, Arthur, he was expected to take the throne. Henry married his brother’s widow, Catherine of Aragon, because it was his father’s dying wish. In addition to strengthening the alliance between the ruling families of Spain and England, however, their marriage was also meant to provide a political advantage. In the beginning
experiences, beliefs, values and ideas, individuals can evolve identity through human nature, in society and critical life experiences. Human nature is elucidated dystopically in the works of George Orwell’s novel, 1984, and James McTeigue’s visual, V for Vendetta, which represent divergent societies, bound by totalitarian oppression and degrading human constructs. Published in 1948 by George Orwell, 1984 is a novel set in a future society, scarred by eternal war, ubiquitous government surveillance