
Tortious Interference with Business Expectancy
There are 5 required elements to a tortious interference with contract claim: (1) the existence of a valid and enforceable contract between two parties; (2) a third party’s awareness of that contractual relationship; (3) that third party’s intentional and unjustified inducement of one party to breach the contract; (4) a resulting breach caused by that third party’s conduct; and (5) damages. Wrongful Conduct Wrongful or illegal conduct must be proven to prevail in tortious interference claim. For example, defaming a product or a seller’s services with false negative characteristics, or a breach of contract resulting from a third party’s bribery, fraud, use of criminal extortion or violence, unfounded litigation, deceit or conduct that violates antitrust laws may give rise to a tortious interference claim as well. However, conduct consistent with aggressive competition, such as ending a contractual relationship or discontinuing a product where the discontinuance or termination is not accompanied by wrongful or illegal conduct designed to cause the plaintiff financial harm, is not an act of tortious interference. Privileged Interference There are several privilege-based defenses to tortious interference claims. For example, when the third party is motivated to protect his or her substantial interest based on an objectively reasonable