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Law, culture, and Catholicism...up in smoke!

Friday, May 02, 2008

Is Baron Collier Liable?

Has Monaghan implicated Barron Collier as potentially liable in a tort of 3rd party interference in a contract? See this quote:

TM: “I think I made the statement that I - that the way the structure was of the - and partnership in the Ave Maria town is that the law school could not receive any funding from the joint venture unless it were located in the town.” [..]Q: “Who decided that it wouldn’t be supportive if it was here?”TM: “I think that was something that was a — one of the demands of our partner [Baron Collier Company].”

How deep does this go? What was the nature of the partnership? Did it place undue pressure on Ave Maria Foundation/Tom Monaghan, etc. to act against AMSL's best interest?

Under a contract theory, Collier could be considered liable along with Monaghan in his personal capacity. Is there is a case that puts forward a tort for 3rd party interference in a fiduciary duty to a non-profit that results in harm to the beneficiaries? If not, this would be a very compelling test case.