I was out of the country when my wife moved out of the house, abandoning the children. I dropped all contracts and business to fly back to the U.S. I subsequently divorced and have custody of the children. It has been less than a year and want to know, can the business, a corporation, sue her for interference of business or loss as a direct result of her actions.
State/Country relating to question: Utah
No, at least not successfully.
Although her actions resulted in your business losing money, it was you (the husband and father) that had to drop business, not you (the business entity). The prima facie case for interference is not present here, and there is no Cause of Action that would allow a business to recover under these circumstances.
I am sorry, I know this is not what you hoped to hear, and it is somewhat blunt. But this is the reality of the situation, there is no way the business will be able to recover damages in this situation. My policy is to just give the truth, rather than give false hope, only for you to end up more frustrated later. Hopefully you can appreciate that.
Experience as both in-house and outside counsel in general business and transactional law
I thank you for your candor.
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