Adv. Fruchtman: You assumed that there was a problem. Who asked to add the legal defense clause?
The witness, Mr. Oz: I remember, I'm not sure, Lankri.
Adv. Fruchtman: Lankri. And at what stage of the negotiations, did he ask to add the legal defense clause? February, March, April?
The witness, Mr. Oz: I don't know.
Adv. Fruchtman: I don't know. But did they ask to add this clause?
The witness, Mr. Oz: Yes.
Adv. Fruchtman: And did you agree to add this section?
The witness, Mr. Oz: Yes. We didn't see any reason not to.
Adv. Fruchtman: And what was the content of the legal defense clause you gave them?
The witness, Mr. Oz: I don't remember.
Adv. Fruchtman: Where is this legal defense clause written?
The witness, Mr. Oz: In a contract that doesn't exist.
(p. 86)
- Intention to cause a breach of the contract - the plaintiff in this tort must show an intention on the part of the defendant to cause a breach of the contract. It is not enough that there was knowledge - it is also necessary to have an intention or awareness that the result will be a breach of contract.
- It was important to the defendant that the plaintiff's employees move to work for her, and she offered the 2 employees and the defendant shares (9% of the defendant's shares):
Adv. Fruchtman: And how many shares did you allocate in these agreements that were signed for each of them?
The witness, Mr. Oz: What I said earlier.
Adv. Fruchtman: 3 plus one?
The witness, Mr. Oz: I remember 3%.
Adv. Fruchtman: And double for 3 people, so that's 9, you wanted, did you agree to give them? And when did you raise Raz's percentage from 3% to 4.5%?
The witness, Mr. Oz: As soon as this thing didn't happen. So actually, this whole thing is off the agenda. And after that two months again or more, I don't remember what