What constitutes tortious interference?
Tortious interference, also known as intentional interference with contractual relations, in the common law of torts, occurs when one person intentionally damages someone else’s contractual or business relationships with a third party, causing economic harm.
What are the four elements of the tort of intentional interference in a contract relationship?
To prevail on the claim, plaintiff must prove four elements: (1) that a valid contract existed, (2) that defendant had knowledge of the contract, (3) that defendant acted intentionally and improperly, and (4) that plaintiff was injured by the defendant’s actions.
Is tortious interference a breach of contract?
Wrongful or tortious interference with contracts occurs when a third party intentionally causes a contracting party to breach the contract. Because of this, the plaintiff’s remedy will be in tort law, rather than contract law.
What are the elements of a tortious interference claim?
The elements of tortious interference with an existing contract are: (1) the existence of a contract subject to interference; (2) the occurrence of an act of interference that was willful and intentional; (3) the act was a proximate cause of the plaintiff’s damage; and (4) actual damage or loss occurred.
What is tortious interference in a business relationship?
Tortious interference with business relationships occurs where the tortfeasor intentionally acts to prevent someone from successfully establishing or maintaining business relationships with others.
What are the requirements for tortious interference in Michigan?
Tortious interference under Michigan law requires proof not only that the conduct was intentional but that it was improper. Michigan courts are instructed to consider several factors in determining whether conduct is improper, including: The nature of the conduct; The defendant’s motives and interests;
What makes conduct independently tortious or unlawful in Texas?
Conduct that is independently tortious or unlawful consists are defined by Texas law as “acts which alone would give rise to a cause of action.”
What are the elements of a successful tortious interference claim?
Elements of a Successful Tortious Interference Claim Tortious interference refers to the interference of one party with a contract between the plaintiff and another entity. The interference must have resulted in damages to the plaintiff for the courts to even consider hearing the case.
How is tortious interference different from contract law?
Contract law applies to claims among parties to an agreement, while a tortious interference claim applies to acts of individuals and companies with whom you do not have an agreement. So even though a tortious interference claim involves an existing contract or another kind of business relationship,…
When is tortious interference with prospective economic advantage?
Tortious Interference with Prospective Economic Advantage This second type of tortious interference occurs when a third party improperly interferes with a business relationship or an expected business transaction. For example, let’s say that you casually mention to a fellow business owner that you are in negotiations to lease a new building.
Which is the most common cause of interference?
Breach of contract is the most common cause of interference. However, it is not the only form. Interference often leads to economic damage. For example, the interference could involve the sale of a business.