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FYI: Tortuous interference is causing harm by unlawful means. Otherwise things like a union protest would be illegal.


Not quite, actually. The elements of tortious interference vary by state but are roughly:

1) The existence of a contractual relationship or beneficial business relationship between two parties. 2) Knowledge of that relationship by a third party. 3) Intent of the third party to induce a party to the relationship to breach the relationship. 4) Lack of any privilege on the part of the third party to induce such a breach. 5) The contractual relationship is breached. 6) Damage to the party against whom the breach occurs.

Yelp may have a case for tortious interference against the restaurant if they are paying customers to break their Yelp terms. Yelp still sucks.


Your missing a major caveat. Completion is still encouraged so for example poaching employees is still generally legal. As long as you don't use "improper means or methods".

http://www.troutmansanders.com/files/upload/Tortious_Interfe...

I would agree in this case Yelp would probably not be laughed out of court. However, that's a fairly low bar and IANAL.




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