What Is Tortious Interference?

While tortious interference might not be a phrase you hear every day, you should know these types of cases occur fairly frequently in the world of business deals and transactions. Tortious interference claims are typically raised when there is some kind of meddling that happens during the closure of a major business transaction. Claims of this nature are generally dealt with at a court level and may involve a defendant or the party who purportedly interfered in the business deal and either a plaintiff or the party who is the victim of this type of intervention. Whether you are dealing with an instance of tortious interference or you simply want to be aware of the possibility of these cases, you will find all the information on tortious interference claims you are looking for below.

Defining Terms: Torts and Tortious Interference

Let us start by defining exactly what is meant by tortious interference and torts, another term you may hear frequently when discussing business deals gone wrong.

•Tortious interference: This type of intervention occurs when a third party meddles in or violates the rights of another party, particularly where this involves business or contractual relationships.

•Torts: A tort occurs when one party infringes upon or violates the right of another party and is legally responsible for this breaking of the law.

Now that we know what we are dealing with, we can examine the circumstances that might lead up to a potential occurrence of tortious interference.

When Are Tortious Interference Cases Likely to Occur?

When someone meddles with a formal or informal expectation of business or a contract between two parties, it is considered tortious interference. Situations in which there is a high level of competitiveness in the market are a breeding ground for tortious, or improper, business behavior to occur.

Here are a few examples of tortious interference and the scenarios that lead up to this violation of the law.

•One business party encourages or induces another business party to cut off all informal ties to a third business party they were having dealings with.

•Two parties are just about to close on a business deal, but the contract has not yet been officially put into writing. A third party enters into the scene and offers the purchasing business a better deal alternative, thus interfering with the closing of the transaction.

•A party forces one business entity through blackmail, bribery or other means to break their legal contract with another business party.

Is a Case of Tortious Interference Likely to Go to Court?

It can be difficult at times to determine if a suspected case of tortious interference actually fits the definition and should be dealt with formally within a court of law. Here are the stipulations a situation must meet in order to be defined as an illegal tort.

•The interferer must be acting intentionally and purposefully to disrupt business relations or contractual agreements, meaning that it must not simply be a case of negligence or ignorance of the law.

•The unlawful motivation of the party that affected the breach of contract must be clear.

•There must be a relevant contract or expectation of a contract between the victim of the case and a third business party.

•The defendant must be aware of this contract or expectation of agreement and must necessarily have interfered improperly with this contract.

•The victim or victims of the situation must have suffered some form of damages as a result of the interference.

If a case fits into the above criteria, it may be likely to be a situation of true tortious interference and then must necessarily addressed in court. Because these elements are dependent on many different factors, however, and because they are likely to be very different in every case, it is often wise to consult a business attorney if you suspect you may be dealing with tortious interference.

Legal Disclaimer

The content on our website is only meant to provide general information and is not legal advice. We make our best efforts to make sure the information is accurate, but we cannot guarantee it. Do not rely on the content as legal advice. For assistance with legal problems or for a legal inquiry please contact you attorney.