Do you have a contract with the intermediary? Were the communications you had with the end customer truthful?
I have contract with supplier as independent representative not with the intermediary.
I dont recall if I personally exposed the bounced check.
I did call the end customer to clear up another issue.
I did call the intermediary to tell them there check bounced.
The intermediary says that the end customer mentioned my name as the source of the bounced check and I was the cause to cancel doing business with the intermediary.
Simply said the intermediary says the end customer cancelled the business because of my 2 minute phone call.
In California, the law is settled that a stranger to a contract may be liable in tort for intentionally interfering with the performance of the contract. To prevail on a cause of action for intentional interference with contractual relations, a plaintiff must plead and prove (1) the existence of a valid contract between the plaintiff and a third party; (2) the defendant's knowledge of that contract; (3) the defendant's intentional acts designed to induce a breach or disruption of the contractual relationship; (4) actual breach or disruption of the contractual relationship; and (5) resulting damage. To establish the claim, the plaintiff need not prove that a defendant acted with the primary purpose of disrupting the contract, but must show the defendant's knowledge that the interference was certain or substantially certain to occur as a result of his or her action.
Reeves vs. Hanlon 33 Cal. 4th 1130 (Cal. 2004).
This may be difficult for your intermediary to prove, but I think at this point you should sit down and get your lawyer up to speed. You do not want to dig this little hole any deeper by communicating further with the intermediary in a negative way. The best thing you can do now is to leave it alone and get a good lawyer to advise you on how best to prevent a lawsuit.
If they do sue, it sounds like you have a good defense... however I also know you do not want to be forced to defend yourself in court. It takes too much time, money and effort.
Good luck.
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Lawyer
Over 10 years in practice as a litigator ... civil and criminal
Is the contract the bounced check?
I personally had/have no intentions to disrupt the business model. The intermediary is 90 days late $10000 behind and now a bounced check. The end customer will not get parts. The factory asks for my help shouldn't the end customer know?
The contract is referring to the contract between the intermediary and the end customer (which was allegedly ended due to your conversation with the intermediary). I think the customer should know what was going on, and I do not think you tortiously interfered with their contractual relationship, however just because I think it will not prevent them from filing suit and costing you a great deal of legal expense in defending the frivilous claim. This is why I feel you should consult your attorney now and take steps to prevent any suit from being filed (such as a letter).
Good luck to you.