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12.05.20181

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As will appear, we agree with most of defendant's contentions. If tort recovery is properly to be barred in such circumstances, it would have to be for reasons other than the "speculativeness" of the injury. To require less of a showing would open the proverbial floodgates to a surge of litigation based on alleged missed opportunities to win various types of contests, despite the speculative outcome of many of them.

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Interference With Competitive Contests [5] As indicated previously, the Court of Appeal failed to apply the threshold requirement of a probability of the prospective economic benefit. As the Gold court stated, the allegations of interference with prospective economic advantage "tend to show that, because of the misrepresentation, the election did not express the will of an undeceived, well-informed public.

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Comments (1)

  1. No more need be said. Like Justice Reynoso, I concur in the judgment, but would rest the decision on even narrower grounds than suggested in his concurring opinion.

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