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Wal-Mart Stores Inc. v. Sturges

To recover for tortious interference with a prospective business relation, a plaintiff must prove that the defendant's conduct was independently tortious or wrongful.

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The full case caption appears at the end of this opinion.

Texas, like most states, has long recognized a tort cause of action for interference with a prospective contractual or business relation even though the core concept of liability — what conduct is prohibited — has never been clearly defined. Texas courts have variously stated that a defendant may be liable for conduct that is “wrongful”, “malicious”, “improper”, of “no useful purpose”, “below the behavior of fair men similarly situated”, or done “with the purpose of harming the plaintiff”, but not for conduct that is “competitive”, “privileged”, or “justified”, even if intended to harm the plaintiff. Repetition of these abstractions in the case law has not imbued them with content or made them more useful, and tensions among them, which exist not only in Texas law but American law generally, have for decades been the subject of considerable critical commentary.

 
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