I ordered a new guitar this week. It will be the first new guitar I have purchased since I was sixteen years old. Times have changed. The first "new guitar" was a Gibson 335 in Tobacco Sunburst. It cost several hundred dollars, a small fortune at that time and would be worth more than my car now if I still owned it. It was a beautiful instrument that produced a warm, rich, fat tone. It was a much better instrument than I was or am a musician.
I paid one hundred and twenty dollars for the guitar I ordered this week, a new Oscar Schmidt Delta King. It bears a strong resemblance to a Gibson 335. Same architecture and about the same size. The neck is smaller and faster than the Gibson, a feature I like. The tuners are Grovers and the pickups are Washburns. Quality parts. It's really not a bad guitar for a little over a hundred bucks. I played one in a local music store and frankly couldn't tell than much difference between it and the five hundre dollar range Epiphone Dots and AlleyKats I had been considering. But, the sound of the instrument itself is somewhat less important these days. Just about every guitar player now uses a hundred dollar electronic box that can make a two by four with strings sound like anything you want it to if you have a good clean amp .... and play drums for you in the bargain. Purists will argue this issue and be right ... but only to a certain point. I'm sure that if you put a Gibson 335 alongside my new cheap Asian axe, the Gibson would sound better. But how much better for the difference in price and would it be enough for anyone but another musician to tell the difference?
There's a scene in the Blues Brothers where Jake and Elwood are having a serious conversation. Jake has just been raking Elwood over the coals for trading his beloved Cadillac for a microphone and then showing up at the prison gate to pick him up in a beat up old Dodge police car. Elwood argues that the "new Bluesmobile" has good components and guts. Jake is unconvinced until Elwood floors the new Bluesmobile and performs a spectacular, almost impossible, raw horsepower jump over a half raised drawbridge. My new guitar is a lot like the new Bluesmobile. It is black and white and has good parts. But, a guitar is more than just a combination of components. It is a marriage of art, science and craftsmanship. In this guitar, it is a strange marriage. Out of the box, it sounded like crap. Even with all of the electronic help I could give it it still sounded like crap. So bad that even my wife, who has a terrible tin ear, commented on how bad it sounded. But, then I noticed that the pickups were unevenly adjusted between the one and six strings and that the pickup heights were way off. I adjusted them and it sounded much better. Then, I noticed that the relationship between the tone and volume controls was much more interactive and less linear than on other guitars. After much fiddling with them, I discovered that it has very pronounced "sweet spots." Then, I changed the strings from the factory generics to a set of DR Pure Blues medium gauge nickel wounds. After a while, I noticed that I was running straight into the amp without the Digitech and still getting rich, fat, bluesy chords and clean lead notes. The sustain was so good that I didn't even need the touch of reverb that I usually add on my other guitar. My last electric guitar, a Gibson 335, was a Cadillac. It produced great tone at almost all control settings and required almost no effort to sound good. The new guitar is very much like the old Dodge. While it has good components, it is rough and requires coaxing to draw out its hidden qualities. But, it does indeed have guts and can hold its own quite well if you stay in its sweet spots.
I ran across an interesting piece of blues history last week. It seems that the Oscar Schmidt Company, now owned by Washburn, once made the famous "Stella" line of guitars in the United States and Europe. Stellas were frequently sold in general stores and mercantiles in the backwoods of the rural U.S. Stella guitars are something of a legend in blues circles because they were cheap but offered excellent tone and the best volume available from an acoustic instrument in the days before electronic amplification. They were loud enough, without amplification, to cut through the background noise of a busy bar or juke joint. Many of the famous bluesmen played Stellas including Leadbelly and Charley Patton. These vintage Stellas which probably sold for a dollar or two in a back country general store are worth a fortune these days.
I bought this guitar on closeout. For reasons known only to the Orientals who make them and the managagement of Washburn Guitars, they have discontinued production of the OE-30 Delta King. My theory is that it was far too good a guitar for the money. I have probably read a hundred or more online reviews of this guitar by now and very few of them have anything other than praise for the instrument. There is a strange phenomen with some instruments. The more you play them the better they sound. Don't get me wrong, a dead wood piece of junk will never sound like more than just that. My uncle Eugene used to say that these guitars sounded like "somebody thumpin a tub." But, some guitars seem to sweeten the more they are played. I don't know if it is the effect of the sound on the wood or the hours of handling of the instrument or what. All I know is that, now that the hardware is properly adjusted and the strings stretched and stabilized this cheap guitar has turned into one fine blues axe.
The Continuing Guitar Odyssey:
I guess I should re-title this post the "Guitar Odyssey" or something similar. It appears to be an ongoing dialogue with no sign of ending. But, whatever ... here goes:
They say that good things come to those who wait. After a few months, the Grover tuners on this axe have settled in, the DR Pure Blues strings have stretched and it is keeping tune very well, easing a worry I had earlier on. Most cheap guitars do not keep tune well and require almost constant re-tuning. If I spend a session doing a lot of full note bends or worse chord bends, I will have to re-tune but what can you expect? But, the biggest surprise I had came from an amp. I had been looking for a two channel amp with separate volume controls for each channel that would allow me to play guitar and do harp solos or vocals through the same box. After a lot of research, I setteled on a another bargain -- a Crate Cimmaron refurb. The Crate Cimmaron is an acoustic amp, but it does a great job with the warm, bluesy sometimes jazzy sound that I prefer. It has an old fashioned spring reverb that reminds me very much of my long gone and much missed Gibson tube amp of the '60's. And, unlike my beloved tube powered Gibson, this amp has stereo RCA inputs amounting to a third audio channel that allow you to play MP3 backing tracks or a drum machine through it as well. Unlike many modern amps, this amp has a full, warm sound and can be loud without being shrill. As a matter of fact, I have to be careful or it will rattle the neighbors windows while maintaining a comfortable volume level in my living room. The thought of matching a dirty blues axe like my Delta King with an acoustic amp will sound like heresy to modern blues purists but it works well for my laid back style . The touch of reverb that adds character to my guitar sound does the same thing through the second channel on vocals or harp solos. The result is a full, rich, old fashioned, smokey honky tonk sound that denizens of small sixty's C&W and blues joints will instantly recognize. The sound is so rich that I am not using the DigiTech except as a drum machine. So, it looks like my dirt cheap blues axe and a second-time-around C&W amp are a match made in heaven ... at least for the sound I was going for.
The Les Paul:
A few days ago, I set about clearing up the holiday clutter in our living room. In the process, I noticed that I had not touched my acoustic guitar for weeks. I started to pack it up and put it in the closet but then decided better. It is actually kind of fragile to be stored in the back of the closet where we store our nearly constantly used luggage and overnight bags and the instrument deserved to be played by somebody rather than living out its life in darkness because its owner had gotten tired of it. After a day or two's deliberation, I decided to trade it for something that would tolerate a little rough handling and be more useful for the type of music I am now playing.
After several visits to the neighborhood pawnshops, I found what I was looking for, a brand new, Indonesian made, Epiphone Les Paul copy. So new as a matter of fact that all of the factory stickers were still on it right down to the one showing where the American technician had inspected it and set it up after it arrived in the states. After a very pleasant round of negotations with perhaps the most profssional music pawnbroker in town, I walked out the door with the guitar, a slightly better gig bag than the one I had traded in and a new set of No. 10 Ernie Ball Slinky strings.
After playing several hundred cheap guitars in my quest, I have discovered some interesting facts about imported guitars. You can play two of the same model, same manufacturer and they will be entirely different guitars. Part of this can be laid off to the workmanship, quality of the wood that day, etc. but by and large I have discovered that Indonesia makes some very good inexpensive guitars and the Chinese make a lot of junk.
The new guitar has the same buttery smooth neck as my OS-30. I suspect that there is a Bing Bang Guitar Neck Factory someplace in Indonesia that makes them on contract for several manufaturers. The two necks appear identical except of course for the dimensions. But, it is a very, very good neck for a cheap guitar. I actually prefer it to the larger, wider, and to me slower, Gibson neck. The tuners appear to be unbranded, economy level Grovers. It stays in tune quite well. And, the ergonomics of the little guitar are absolutely wonderful. It is a light guitar that fits both my body and my playing style very well. But, that would make a lot of sense. The Les Paul's were originally designed for Gibson by master guitarist Les Paul for studio musicians who spent hours, days and weeks with an instrument. They were designed to be an acoustially neutral soundbed that would handle the electronics well, produce minimal unwanted feedback in a studio situation and provide a clear, clean, electronic sound that the sound engineers could work with. This guitar does the first two wonderfully. However, the inexpensive pickups can sound muddy and electronic help is required for a full, rich sound for blues or jazz. The sustain leaves a bit to be desired. I tried matching the guitar with little Epiphone studio amp that I keep around (DUH!) and found a great match for rock-a-billy. This little guy would probably scream through a big Marshall or Vox and average kid rocker would be in deafness-inducing distortion heaven. After quite a bit of messing around, I tried playing the guitar straight into the computer. Worked OK. Then, I tried it through the DigiTech into the computer. That was a match made in heaven. With a little tweaking on the software on both ends, I found that it does a great job of direct recording and was so feedback neutral that I could use the speakers as monitors and not go to headphones as I have to with my more resonant OS-30. And I guess that is the tradeoff. The OS-30 is dark, rich, smokey and full in live performance while the LP comes into its own recording.
The little guitar is fun, plays well and will take a beating without showing the damage. That's what I was originally looking for. But, I suspect that one of these days I will find a set of vintage Gibson humbuckers in a pawnshop someplace and a world class guitar will be born.
Sometimes, a movie
strikes you in the heart. It leaves you at once satisfied and numb from
exhaustion.
Black Snake Moan is that kind of movie. Though no one in Hollywood is admitting
it, Black Snake Moan is a powerful movie about the absolute evil of abortion.
Not the sanitized, politically marginalized, set piece pro-life/pro-choice argument but the real, nasty, selfish, bloody act of
premeditated murder that leaves not only a dead child but ruined lives
and infinite bitterness as well. In this scene Lazarus recalls the
effect of his wife’s abortion on him:
LAZARUS: (thinks) Wanted me some kids. A whole mess of `em. But Rose, my wife... chil'ren was for another time. (takes a drink) they's this one spring... I saw a change in her. Her breasts start swellin' up. Come a few mornings I hear her heavin' in the bathroom. I seen it with women before. I knew.
Laz thinks for a moment. Continues playing.Come a day, Rose say she had to go visit her folks in Jackson. Didn't want me to come... so I stayed put. (remembers) When she come back... (hesitates) They talk about a woman havin' that glow. Couldn't see it no more. She... took it away. Cut it out.
The guitar's song turns dark. Laz slides his fingers up the guitar strings, lingering on low growls.
LAZARUS: One night... While she sleepin'. Held a pillow in my hands. I could see myself killin' her. What evil in my heart make me wanna kill her, I don't know? It's that voice in me. Each time I think it's gone, he come howlin' back. Devil or no, I don't know. But, I am a haunted man.
In a subsequent
scene Rae, the infinitely damaged white-trash whore Lazurus is trying to redeem from herself, tries to reconcile with her mother, who allowed her to be sexually abused as a child::
RAE: I'm sorry... I didn't mean to shout...
SANDY: All my life I been puttin' out your fires, with you givin' out your ***** to every waggin' **** in this town. And you gonna lay the blame at my feet? Well, I ain't gonna take that.
RAE: But... Momma... just tell me... not gonna be mad... we can just talk about it... Be eye to eye on this... You don't even got to say you're sorry... Just say how you knew...
SANDY: Only thing I'm sorry for is listenin' to my parents and having you instead of doin' what I should'a done.
And again, though
the Christian community will never recognize it, Black Snake Moan is a movie
about faith and redemption. Not the walk the aisle, shake hands and smile,
social faith of the First Self-Righteous Church on Main Street and Elm but the real
faith of real people who live in a real world where good and evil coexist,
sometimes in the same person, … where sin is so apparent that it cannot be
rationalized and hidden away in a small closet of the soul. It is a movie
about real flesh and blood people who need God most of all because they have nothing else:
RAE: Can I ask you a question? (R.L. nods) People always say, you gotta get good with Jesus, if you want not to go to hell. That you say sorry for all you done and... and Jesus would let you go on to heaven.
R.L.:You could put it that way.
RAE: But that's so f****in' stupid. (she catches herself)I'm sorry. Didn't mean to curse.
R.L.:What's on your mind?
RAE: You can't hurt people... and then just say, I'm sorry, and then everything just gets washed away. Why would heaven want people like that. People who... do what they want and then... switch.
R.L.:I'm gonna tell you somethin', and it's just gonna be between you and me. (Rae anxiously nods)I think folks carry on about heaven too much. Like it's some all-you-can-eat buffet up in the clouds. And folks just gonna do as they're told so they can eat what they want behind some pearly gates. I can go to Shoney's for that.
Rae grins. R.L. leans closer.
R.L.: There's sin in my heart. There's evil in this world. But when I got no one... I talk to God. I ask for strength. I ask for forgiveness. Not for peace at the end of my days when there's no more life to live and no more good to do, but today. Right now.
Black Snake Moan
is a movie about the South. The real South. Not the superficial,
half-baked, cartoon character, Dukes of Hazzard South but the dark and beautiful rural South where the sacred and the profane live together under the same roof … where everybody is damaged in one way or another … where
dark secrets coexist with devout faith … where emotions run high and the music
runs deep.
In my youth I knew these people.I knew the hopelessness
of a small town where everyone was born into a set place in the community and there were
no secrets. I knew the sexual predators who took advantage of damaged
girls like Rae and then bragged about it in the moonlight over their beers.
And, I knew Rae, or at least her mother. She was blonde, beautiful beyond description and damaged almost beyond hope. I also knew Ronny, or
at least his father, the troubled, sensitive misfit who puked his guts out every time he packed his sea bag.
Black Snake Moan
is a movie about the blues. Not the tinsel town blues of upscale clubs
run at an outrageous profit by fading television stars but the real blues … the
low rhythmic bass line that comes almost automatically after sitting for hours
hurt and numb with a guitar on your lap … and the wail that comes from your
harp when your soul is too dead to cry real tears.
Black Snake Moan
is not a movie for tight-a**ed, chicken lipped church ladies or for
overstuffed, pansy-a**ed church boys hiding from the real world behind their
hymnals. There is sex, violence, bad language and a dirty blues soundtrack that
could stand on its own without the movie. But, Black Snake Moan is a
movie for damaged people praying for redemption. They will not be offended
by it because they know the truth when they see it.
Postscript:
The question has been raised as to how I, as a Christian,
could say favorable things about a movie as troubling as “Black Snake
Moan.’I will try to address the question
without ruining the movie for those of you who may still choose to see it.
First, despite graphic nudity, explicit sexual content and a
great deal of bad language, this is the first Hollywood
movie in decades to treat the scriptures with respect.Repeatedly, the lead characters use the Bible
and biblical values to address their very real and pressing situations.
Second, this is the first Hollywood
movie in decades to present a born again Christian in a positive light. There is no doubt that the lead character is
a born again Christian. A very human and
conflicted one at times but one whose character is sound despite his “rough edges.”
Third, this is the first Hollywood
movie in decades to present a Christian minister in a positive light.The Rev. R.L. is no prissy, pasty faced,
hypocritical preacher boy with his hand in the till and his heart in some
church ladies boudoir. .He is a man’s
man and he has courage … both moral and physical.
Fourth, this is the first Hollywood
movie in decades to treat promiscuous sexuality truthfully.There is no soft music during the graphic sex
scenes of this movie.The sex is raw and
hard and presents nothing that would entice a young person to engage in
it.As a matter of fact, the sex scenes
in this movie are about as erotic as a military VD film.
Fifth, this is first Hollywood
movie in decades to treat poor southerners “aka white trash” as people rather
than single dimensional caricatures.This movies shows, with sensitivity and power, the innate goodness of
the redneck sub-culture as well as all of its evils.
Sixth, this is the first movie I have ever seen that treats modern southern race relations in a realistic
manner.Race is there.It is an issue and the movie makes no
apologies for things that may still be wrong with the southern culture.But, it allows
the characters to be themselves instead of racially stereotyped
caricatures of what some PC screen writer who has never been south of
Jersey thinks they should be.
I could go on, but I won’t. As I said before, I knew Rae and Ronny, or at
least their counterparts, in my youth. And,
I knew the rest of the characters good and bad.
I even dated a girl that lived in a trailer that looked a lot like the
one in this movie … only a lot neater. I
knew the wild Saturday nights portrayed in the movie, where there was
too much alcohol and everything else and sometimes cruel , tragic and degrading things
happened. This movie nails the whole
scene with power and if not poignancy at least respectful realism.
A wise man once told me that the mark of a southern gentlemen
is how he treats his social inferiors. There
can be no doubt that Rae is a whore and Ronny is a troubled loser and both are
on their way to a bad end if things don’t change. There can be no doubt that they are at the very bottom of the highly structured social ladder of a small southern town. The lead character Lazarus and his pastor R.L. (both black men) treat Rae and Ronny with dignity, respect and Christian charity. And so does the movie for that matter. The fact that it all happens in a very
realistic and troubling setting only adds to the power of the movie.
A final postcript:
The Rev. RL's statement about salvation seems controversial to modern day evangelicals. I used to be a youth worker in a local church and then sat on the Board of Directors of a Christian School. During that time, I learned to spot the signs of a kid who was working the system. They could repent at the drop of a hat and then cry, pray and ask forgiveness with practiced ease and convincingness. If they really fouled up, they might even go forward at a church service, confess their sins and "re-dedicate their lives." And, when it was all done, you were left with the distinct impression that it was all a show designed to manipulate parents and other authorities into giving little Judy or Johnny yet another pass. We have generations now who have fooled their parents and pastors with that act and they apparently think they are going to fool God with it as well. And that is precisely what the Rev. RL is addressing, easy believing, self justifying, Shoneys behind the pearly gates Christianity that is a mockery of the true faith and a stumbling block to sinners who see it for what it is.
In the movie, Rae makes no excuses for her behavior though Lord knows she had good ones ... a mother who wished she had aborted her and a step father who sexually abused her. But, to her credit, she does not offer these things as an excuse for her actions. Instead, she openly admits she is "pretty **cked up" and then goes about trying to change her own behavior rather than blaming everyone else's. And, instead of continuing her shack up with Ronny, the only man who has ever really loved her beside Laz, she marries him and takes a little gold chain around her waist as her wedding band - a constant reminder of Laz's log chain that restored her dignity.
I think Jesus would like Rae and Laz and RL a lot. He would know about Rae's terrible life situation and appreciate the fact that by His grace she put it behind her, admitted her guilt and then faced her problems head on instead of blaming others. I think He might tell Laz to find a better venue to play his blues and to tone down his very raunchy version of Stack O' Lee. And, he would probably tell the Rev. RL to stay out of juke joints on Saturday nights and to hide his pocket flask since some parishioners might not understand his taking a nip. But, they were the kind of people Jesus associated with when He was here on earth and I think He would be comfortable with them and the story they told.
I was standing in line at the counter at The Guitar Center
yesterday when I struck up a conversation with a very engaging young man in the
line in front of me. His name was
Forrest.He had to be the most beautiful
child I have ever seen in my life. I
hate to use that word to describe a male but it is the only word that fits. Long blond hair, piercing blue eyes, a chiseled
profile.Despite his age, every woman in
the place could hardly keep her eyes off him.
But, the kid’s manner was even more impressive. He was very confident and very polite. While most kids of thirteen can barely look an
adult in the eye, this one spoke clearly and confidently. He observed to another musician in the line
that he had just worked out a deal with the William Morris Agency
while he and his group had been in LA working on media appearances and other
contracts. I thought to myself, “This
kid is a world class BS’er .” I raised
my eyebrows to the store manager who was quietly standing behind the kid. The manager nodded that the kid was telling
the truth!
The kid mentioned a newspaper article. The lady behind the counter handed me a copy with a write up about this kid’s band, Crooked X. It seems that they are a mix between Hanson
and Motley Crue. They have opened for
some of the major acts in rock and are very busy on the tour circuit right now.At thirteen years old they have already gone
farther than most rockers achieve in their entire lives.
Walking out of the store, I was reminded of another chance
meeting a long time ago.I was up at the
Old Church Studio in North Tulsa trying to
collect a bad debt. The freelance videographer
I was chasing kept an office upstairs there. Not bothering to knock, I walked through the
door and saw a striking, dark haired young lady of about eighteen standing
there doing what appeared to be a Vanna White impression with a cheesy plastic
exercise device. I said, “Hi.Who are you?”In very stilted tones she replied, “My name is Jeanne (she pronounced it
Jon) Tripplehorn. I am an actress.”I remember thinking, “Yeah sure honey.You’re about as much an actress as the guy I
am chasing is a movie producer.”
I forgot about the pretentious teenager in the Old Church
Studio until I saw her face ten feet tall on the screen in “The Firm.” I won’t forget about this kid.He is another Tulsa Okie on his way to stardom.
I saw an old friend from college the other day. I was waiting my turn in a government office across the street from a regional airport. Looking out the window, I saw my old friend leave the FBO and walk up to a large, corporate King Air. It was a solid old airplane. No fancy paint scheme. Obviously a working plane. He did the walk-around in a matter of moments, unlocked the passenger door and settled into the cockpit alone, unaware that he was being watched. He went through the checklist very quickly and within a matter of moments the big twin turboprops were turning over. His taxi was very smooth and with a third of the runway left, he was climbing out steeply to the north.
I had plenty of time to think about "what if's" after that. We had both been engineering students. We both wanted to fly. He had chosen the Air Force. I was hoping for an appointment to the Naval Aviation Cadet Program. This was during the Viet Nam war. We both knew what we were asking for and still wanted to do it. He finished college, became an engineer and flew transports for the Air Force in Viet Nam. Afterwards, he married a beauty queen and has had a very successful life as an engineer for a large corporation. I dropped out and enlisted in the Navy. I didn't finish college until I was over forty years old. I never learned to fly and never will.
We were children when we dreamed of flying. I am very happy that at least one of us achieved his childhood dream. I just wish that he had looked happier as he climbed into the airplane.
I have sadly been forced to take a long look at the privacy torts and the torts involving inappropriate meddling in private business relationships. The Oklahoma Courts have been fairly clear that it is actionable for a person or business entity to maliciously interfere in the prospective business relationships of another:
¶4 Oklahoma has long recognized
that "it is an actionable wrong to procure the breach of an existing
contract of employment, although the means used to do so do not exceed
mere persuasion, provided this is done maliciously, especially where
the contract was one for personal services." Chilton v. Oklahoma Tire & Supply Co., 180 Okla. 39, 67 P.2d 27,
29 (1937). The court further stated that "the cause of action [also]
exists where unlawful means, such as fraud, intimidation or defamation
have been used." Id.
¶5 Even though the Chilton
case involved a contract for warranty-type service and repairs of
refrigerators, it was later cited by the supreme court as the basis for
the rule that "[t]he right of any person to pursue his chosen vocation
without unlawful interference from third persons is a valuable right
which the courts protect." Taxicab Drivers' Local Union No. 889 v. Pittman, 1957 OK 259, ¶ 18, 322 P.2d 159,
166 (per curiam) (citation omitted). The court said "the gravamen of
this cause of action for damages is the defendants' interference with
the plaintiff's job." Id.
¶6 In Del State Bank v. Salmon, 1976 OK 42, ¶ 9, 548 P.2d 1024,
1026-27 (Okla. 1976), the supreme court further refined the tort of
interference with an employment contract. The court said: "If one,
without a privilege, intentionally interferes; if unlawful means are
used; or if done without justifiable cause; then he becomes liable to
the employee for proximately caused harm." The court further indicated
that the "[i]ntentional interference may be malice in the law without
personal hatred, ill will, or spite." Id. However, the court
also said that "[o]ne may lawfully interfere with the contractual
relations of [23 P.3d 951] another if by fair means, if accompanied by
honest intent, and if to better one's own business and not to
principally harm another." Id. at ¶ 10, 548 P.2d at 1027.
McNickle v. Phillips Petroleum, 2001 OK CIV APP, 54.
¶6 The essential elements of a claim
for intentional interference with prospective economic advantage are
"the existence of a valid business relation or expectancy, knowledge of
the relationship or expectancy on the part of the interferer, an
intentional interference inducing or causing a breach or termination of
the relationship or expectancy, and resultant damage to the party whose
relationship has been disrupted." Lakeshore Community Hosp. v. Perry, 212 Mich.App. 396, 401, 538 N.W.2d 24, 27 (1995), cited with approval in Gaylord Entertainment Co. v. Thompson, 1998 OK 30, 958 P.2d 128,
150 n.96. Interference includes inducing a third person not to enter
into the prospective relation or preventing the other party from
acquiring the prospective relation. Brock v. Thompson, 1997 OK 127, 948 P.2d 279, 293 n.58. The interference must encompass an unfair or unlawful act or by lawful means without justification. Gaylord,
958 P.2d at 150 n.97. The interference is intentional if the interferer
acted with the purpose to interfere with the relationship or
expectancy. Robert's Hawaii School Bus, Inc. v. Laupahoehoe, 91 Hawai'i 224, 258, 982 P.2d 853, 888 (1999).
Boyle v. Dewberry, 2001 OK CIV APP 63
Interference with prospective business advantage while closely related is still nevertheless separate from interference with contractual relationships:
Although both torts do have
similarities, the underlying theories of liability differ. Interference
with a prospective economic advantage usually involves interference
with some type of
reasonable expectation of profit, whereas interference with a
contractual relationship results in loss of a property right. Whatever
comparisons are made, one thing is certain - defining the scope of
liability and allowable damages are still substantially unsettled
issues. One author has noted that at present there is no single
prevailing position. Instead, most courts recognize one of three
contemporary views as to the elements of tortious interference with a
prospective economic advantage. ¶5 In
most instances, the tort of interference with a prospective economic
advantage is not recognized unless some intentional or improper conduct
or means exist on the part of the defendant. Prosser notes the
following:
Again the tort began with "malice", and
it has remained very largely a matter of at least intent to interfere .
. . cases have turned almost entirely upon defendant's motive or
purpose, and the means by which he has sought to accomplish it.
Prosser on Torts, § 130, at 952 (1971).
¶6 We believe the subtle differences
between tortious interference with a prospective economic advantage and
tortious interference with a contractual or business relation is more
than just a semantical one, and thus we decline to treat the two
synonymously as Appellant urges. Oklahoma Courts have recognized
tortious interference with a business or contractual relationship in
several cases. However, in these cases, the defendant's
conduct complained of was either allegedly malicious or intentional and almost
always hinged on derogatory statements intended to ruin the plaintiff's business
or reputation.
While these torts are now becoming more formally recognized they have been recognized at common law for centuries:
When a man useth his art or his skill to take them, to sell and dispose
of for profit, this is his trade and he that hinders another in his
trade or livelihood is liable to an action for so hindering him. * * *
Why otherwise are scandalous words spoken of a man in his profession
actionable when without his profession they are not so? Though they do
not affect any damage, yet they are mischievous in themselves, and
therefore in their own nature productive of damage and therefore an
action lies against him. Such are all words that are spoken of a man to
disparage him in his trade that may bring damage to him. How much more
when the defendant doth an actual and real damage to another when he is
in the very act of receiving profit by his employment. * * * Where a
violent or malicious act is done to a man's occupation, profession, or
way of getting a livelihood, there an action lies in all cases."
Sir John Holt, Lumley v. Gye.
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A Long Postrcript:
Over the past year or so I have multiple occasions to google the words "busybody," "gossip," "railer," and "scripture." The author below almost always comes up and this particular article comes up repeatedly. It is worth repeating here:
What’s Wrong With Gossip?
By Dr.
Dale A. Robbins All scripture is quoted from the New International Version.
Romans
1:28 “Furthermore, since they did not think it worthwhile to retain the knowledge of
God, he gave them over to a depraved mind, to do what ought not to be done.
1:29 They have become filled with every kind of wickedness, evil, greed and depravity.
They are full of envy, murder, strife, deceit, and malice. They are gossips,
1:30 Slanderers, God-haters, insolent, arrogant, and boastful; they invent ways of doing
evil; they disobey their parents;
1:31 they are senseless, faithless, heartless, ruthless.
1:32 Although they know God’s righteous decree that those who do such things deserve
death, they not only continue to do these things but also approve of those who practice
them.”
In the scripture above, the Apostle Paul paints a grim picture of
reprobates -- those who have rejected the Lord and have embraced a lifestyle of sin. He
makes it clear that God condemns such evil behavior. “They persist in doing these
things, knowing that those who do such things deserve death” (Rom 1:32).
As Paul described this evil conduct, we might expect to find mention
of such vile things as greed, deceit, adultery, murder and so forth. But please take note
of the other inclusions -- especially the mention of “gossip and slander.” Does
this come as a surprise? Paul said that gossips and bad-mouthers were in the same league
as murderers, sexual perverts, and God haters -- and that such sins were worthy of a death
sentence!
“Slander” is a word that has an interesting origin. It
comes from the word “Devil.” According to the Merriam-Webster Dictionary,
slander means “malicious talk; to spread damaging information; to defame; to speak
ill of.” Is it no wonder where slander derives it’s name? Slander is the work of
the Devil, and those who slander are on his team. In fact the Bible says that Satan is
called the “accuser of the brethren” (Rev. 12:10). Are you an accuser of the
brethren too? If so, even though it may not be your intention, you are being used an agent
of the Devil! According to scripture, any Christian who’s mouth is out of control
does not have a right relationship with God. “If anyone considers himself religious
and yet does not keep a tight reign on his tongue, he deceives himself and his religion is
worthless” (James 1:26).
“Gossip” is derived from the idea of
“whispering.” According to the same dictionary, “gossip” means
“To indulge in idle talk or rumors about others; spreading of sensational
stories.” Funk and Wagnals dictionary defines it as “Idle, or malicious talk
about others.” As we can see, gossip is a close cousin to slander, and God’s
Word places both in the same cupboard as murder and other wickedness -- sins worthy of
death.
Let me ask, as a Christian do you occasionally slip up and commit a
murder here or there? Or how about theft -- do you occasionally burglarize a home or steal
things from the store? You may think this is silly to ask. Of course, a Christian
lifestyle doesn’t behave that way. But how about gossip or slander? Do you engage in
idle talk or rumors about others? Do you participate in bad-mouthing or spreading rumors
about others? According to the Bible, which sin is less severe? Murder or gossip? I’m
sure you get the message. Paul said, BOTH are sins equally worthy of death.
The Apostle Peter, also used murder as a comparison with another,
sometimes under-rated sin. “But let none of you suffer as a murderer, or as a thief,
or as an evildoer, or as a busybody in other men’s matters” (1 Peter 4:15).
Notice that a “busybody” is placed in the same company as “murderers,
thieves, and evildoers.” The dictionary defines a busybody as “a meddler; a
person who seeks confidential information about others; a snoop; a nosy person.”
A busybody is another close relative to gossip -- a person who
meddles in the affairs of others. They are like a peeping-tom who snoops and spies. A
busybody is the investigator for the gossips and rumormongers, seeking to uncover
sensational details and to whisper the latest news. Sometimes busybodies are persons who
have too much time on their hands, with nothing better to do than to talk too much.
“Besides, they get into the habit of being idle and going about from house to house.
And not only do they become idlers, but also gossips and busybodies, saying things they
ought not to” (1 Tim. 5:13).
Not Just a Little Bad
Habit
By now I’m sure that you realize that anything which is placed
in the same category as murder must be a serious sin -- something that should not be taken
lightly. But unfortunately, Christians do not usually consider gossip and it’s
related activity as sin.
In over two decades of ministry, I’ve encountered scores of
Christians who don’t seem to think gossip is wrong -- who are obsessed as busybodies,
gossips, and bad-mouthers, and have caused irreparable damage to the body of Christ. I
could fill books with the stories of anguish and grief inflicted to hapless victims.
“The words of a gossip are like choice morsels; they go down to a man’s inmost
parts” (Prov. 26:22). Mean, vicious accusations and rumors have ripped out the heart
and soul of many fellow Christians and leaders, draining them of their love, enthusiasm,
and their desire to live for God. It has split churches, created strife, and promoted
division and turmoil. “Without wood a fire goes out; without gossip a quarrel dies
down” (Prov. 26:22).
Sadly, some have said that “the Church” is the only army
that kills its wounded. Regrettably, this has sometimes been true. Brothers who have
needed our love, forgiveness and encouragement have been mutilated by gossip and evil
talk. Is it no wonder that gossip is equal to murder? It is nothing less than verbal rape
and assassination.
What we must realize is, gossip is more than a little bad habit.
Gossip is wicked and sinful -- a seething disease of corruption from the mouth. Gossips
use their mouth as a weapon -- a weapon which is always aimed at people to fulfill
Satan’s desires to “steal, kill, and destroy” (John 10:10). “With his
mouth the godless destroys his neighbor” (Prov. 11:9). Gossip is an enemy to God and
everything called holy -- a cancer which spreads a deadly infection to the body of Christ.
Not only did Paul place a gossip in the same league with murderers and sexual deviates,
but Jesus warned that for those who would offend his little ones, it would be better for
them to be bound with a millstone and drowned in the sea (Mark 9:42). Surely, a harsh and
horrible punishment awaits those unrepentant gossips who harm followers of Jesus.
How to recognize
Gossip
Gossip is one of the most dangerous sins because it is so subtle and
ambiguous -- many are unable to recognize it. Be on alert against gossip whenever you hear
of “secret information” being circulated, or if you hear anyone else’s name
is used in a conversation. Gossip exists whenever persons “talk about others” in
less than a favorable way. The root of gossip is negativeness, judgementalism, slander,
etc. Avoid associating with people who gossip “A gossip betrays a confidence; so
avoid a man who talks too much” (Prov. 20:19). You probably remember the old saying:
“If you can’t say something good about others, don’t say anything at
all.” Wise advice if you wish to avoid sin.
Gossip often masquerades as “concern” for others. Rumors
or gossip will seem more palatable if they first hide behind a pretentious expression of
concern. “I hate to say anything about this to you, but I’m
’concerned’ about so and so.” At other times the gossiper will seek you out
as their “confidante” to unload their “heavy heart” about their
concerns. “I’m very troubled about so and so and I don’t know who else to
talk to about it.” In reality, the gossip is not sincerely concerned about solving
the problem, only in talking about it -- stirring it up. “A perverse man stirs up
dissension, and a gossip separates close friends” (Prov. 16:28). A gossip thrives on
the negative, the controversial, and the sensational. Any person who is genuinely
concerned about solving a problem, will go and privately confront the person at the source
and express their concern. Or else they should go privately to the pastor so he will do
it.
The gossip is like a spider looking for a prey to lure into their
trap of gossiping. They may confide to you secrets or their private concerns about other
people. Perhaps in consolement, you may express your half-hearted agreement with their
concerns, or you may even be enticed to confide your secret concerns to them.
Consequently, the gossip will eventually repeat the process with someone else -- but next
time, they will add your name as an endorsement of their private “issue,” and
will eventually even disclose the secrets you shared to them. And on and on it goes.
There are times when people need to confide their own problems with
a friend in the Lord. But avoid revealing anything to a person who gossips -- they
can’t be trusted. “A gossip betrays a confidence, but a trustworthy man keeps a
secret” (Prov. 11:13).
Things to
Remember about Gossip
Gossip is as sinful as murder and will suffer the same consequences
unless there is repentance (Rom. 1:32).
God holds you accountable to your words (Matt. 12:36-37).
The person who gossips to you about others, also gossips to others
about you.
Gossip often masks as pretentious concerns for others.
Gossip often thrives upon secrecy. Where secrecy is removed, gossip
is hampered.
Gossip always contributes to a problem and never to a solution.
Gossip always distorts and exaggerates, and is never a reliable
source of truth.
Those who gossip & slander are not in right fellowship with God
(Rom. 1:28-32).
Those who gossip rarely get answers to prayer, and often face
persistent, unexplainable problems (Psalms 66:18, Prov. 21:23, Prov. 6:12-15).
What to do about
Gossip
If you have been a gossiper, confess this as sin and ask Christ to
forgive you. “Repent” by turning in a new direction and surrendering your tongue
to Christ, not to gossip or bad-mouth again (1 John 1:9, 1 Cor. 7:10).
Keep your nose out of other people’s business.
If you can’t say something good or encouraging about others,
then keep your mouth shut (Eph. 4:29).
Never criticize another person, except to their own face with an
intent to help. Criticism can never be “constructive” if expressed to anyone
else.
If your “friends” start bad-mouthing others to you, stop
them in their tracks -- refuse to be a partaker of their sins (1 Tim 5:22).
Avoid association with persons who gossip (Prov. 20:19).
Expose works of darkness by reporting gossip to the pastor that he
may confront and offer correction. Gossip should be treated as any other vile sin (Eph.
5:11).
“I will watch my ways and keep my tongue from sin; I will put a
muzzle on my mouth as long as the wicked are in my presence” (Psalms 39:1).
