If you are a business owner, you certainly work very hard to stand out from the crowd and rise above your competitors. Although markets as well as business owners encourage competition, some business owners can cross the line and commit a tortious act. In case of improper and tortious conduct, the business owner can file a lawsuit and the court has to step in and solve the issue. However, filing a tortious interference claim is not simple. If you need to handle this issue properly, you have to hire a business litigation lawyer to assist you. Learn why is necessary to have a law professional by your side in order to properly handle legal issues such as tortious interference.
What is a Tortious Interference?
Tortious interference often occurs when one party (the defendant) has the intention of causing severe financial harm to another party (the plaintiff) by interfering with the relationships of the third party. For example, if your business has reached the final stages of sale, but has not yet been a formal or legal status that can only be achieved with a written agreement, someone could try to interfere with the sale with the intention of causing financial harm.
Most common form of tortious interference involves forcing someone to break a contract they have with a third party. You are probably wondering how someone can force you to break a contract. This can happen in many different ways, but the most common are to offer a third party below market prices in order to induce a breach, or blackmailing someone into violating a contract. It is not rare that an individual threatens another party to break the contract they have with the third party and prevent them from receiving the benefits of that contract. If you have decided to file a lawsuit, have in mind that the person you are suing has to commit this act intentionally. You cannot win your claim if this is a case of negligence. However, you should also be aware that an intentional act of similar nature doesn’t mean it was tortious interference. Only litigation law can determine this. They will examine the motivation of the party that caused the breach. If a motive for such behavior doesn’t exist, the act cannot be considered tortious interference.
Tortious Interference Claim
There are two parties in this type of case, the plaintiff and the defendant. The plaintiff is the victim of the tortious interference, and the defendant who interfered with the contract or business relationship through unethical practices, force or another inappropriate action. The plaintiff has the right to sue the person who committed the act and file a claim for damages.
Basic elements of tortious interference claim must include a valid contract between the victim of the interference and a third party. The defendant must have knowledge of the contract, and he must have intent and a clear motive of his interference with the contract. The interference must be improper and result in damages for the plaintiff.