TORTIOUS INTERFERENCE LAWSUITS

What Is Tortious Interference?

Tortious interference occurs when a third party deliberately disrupts an existing contract or a prospective business relationship, causing financial harm. The interference must be intentional and improper—mere competition is not enough. There are two primary types of tortious interference:

• Tortious interference with contract – A third party induces one party to breach a legally binding agreement.

• Tortious interference with business expectancy – A third party disrupts a prospective relationship or economic advantage that was reasonably likely to occur.

Courts generally distinguish between legitimate competitive practices and unlawful interference, with the key factor being whether the conduct was “improper.”

Elements of a Tortious Interference Claim

To succeed in a tortious interference lawsuit, the plaintiff typically must prove several legal elements:

Existence of a Valid Contract or Expectancy

The plaintiff must show that a binding contract or a valid business expectancy existed. For expectancy claims, the relationship must be more than speculative—it should demonstrate a reasonable probability of future economic benefit.

Knowledge of the Relationship

The defendant must have been aware of the contract or business expectancy. If the defendant had no knowledge of the relationship, they cannot be held liable for interference.

Intentional Interference

The defendant’s actions must have been intentional. Accidentally disrupting a business relationship is not enough. Courts often look for evidence that the defendant’s primary purpose was to disrupt or harm.

Improper Conduct

Not all interference is unlawful. For example, offering better prices in fair competition is typically permissible. Improper conduct may include threats, fraud, misrepresentation, coercion, or using unlawful means to induce a breach.

Causation and Damages

The plaintiff must prove that the interference caused actual harm, such as the loss of a contract, reduced profits, reputational damage, or other financial losses.

Common Examples of Tortious Interference

Tortious interference lawsuits arise in many industries and business settings. Some common scenarios include:

• Employment disputes – A former employer pressuring a new employer to terminate an employee under false pretenses.

• Corporate competition – A competitor spreading false information to dissuade customers or clients from doing business with another company.

• Supplier and vendor agreements – A third party inducing a supplier to break a contract and work with them instead.

• Mergers and acquisitions – Interfering with negotiations by providing misleading information or sabotaging deals.

• Professional services – Attempting to lure away clients through fraud, defamation, or improper tactics.

Each of these situations demonstrates the fine line between lawful competition and unlawful interference.

Damages in Tortious Interference Lawsuits

Successful plaintiffs in tortious interference lawsuits may recover several types of damages, including:

• Compensatory damages – To cover lost profits, lost contracts, and other economic harm.

• Consequential damages – For losses indirectly caused by the interference, such as reputational harm.

• Punitive damages – In cases of malicious or egregious conduct, courts may award punitive damages to punish and deter future misconduct.

• Injunctive relief – Courts may issue orders preventing further interference or requiring specific actions to restore business relationships.

The size of potential damages often depends on the scope of the disrupted relationship and the severity of the interference.

Litigation Strategies in Tortious Interference Cases

Because tortious interference claims often involve high stakes and complex relationships, both plaintiffs and defendants must consider strong litigation strategies:

• For plaintiffs – Documenting the business relationship, gathering evidence of the defendant’s knowledge and intent, and calculating damages are crucial.

• For defendants – Establishing that actions were legitimate competition, demonstrating a lack of causation, or showing the absence of a valid contract can help defeat the claim.

Business litigation attorneys often employ economic experts to quantify damages, investigate communications between parties, and present compelling evidence to the court.