Tuesday, August 21, 2007
Crackpot Suit, Part Deux
The second action that Stuart Pivar has alleged against PZ Myers is what is generally known as "interference with contract." There are four elements to this tort under New York law (which should control even though the case has been brought in Federal court):
- (1) existence of a valid contract;
- (2) defendant's knowledge of that contract;
- (3) defendant's intentional procuring of an actual breach of that contract; and
- (4) damages.
The third relief Pivar asks for is essentially that the allegedly libelous material be removed from the blog. While I'm not aware of any case law on point, it is clearly reasonable to require that if the statement is found to be libelous.
In my opinion, this suit is eloquent evidence of a man with more money than brains.