Understanding Tortious Interference


Tortious interference is a situation whereby one party meddles with the relationships of another party with an intention of causing economic damage. Someone could, for instance, decide to sabotage a business agreement that hasn't been formally concluded and written. There are several forms of tortious interference but the one that is mostly known is where a person uses force to terminate a contract they have with a third party.  This can be done in a number of ways including blackmail or even use of threats. The following are the elements of Tortious Interference .


For the plaintiff must have had a legitimate business transaction with another party in order for him or her to be able to present a case in the court of law. If it happens that the contract is not in violation of public policy, the defendant is not responsible for its breach. This will mean that the contract was non-existent and so there are no grounds to charge the defendant. There are some contracts for instance those that can be ended at will that present a challenge in the solving of tortious interference cases. The defendant doesn't have the right to terminate a contract just because a party is allowed to end a contract at will.


Another factor that the court uses to determine these cases is the defendant's knowledge. If he or she knew about the contract and still meddled with it or if they interfered with the contract unintentionally will determine how the case goes. The plaintiff can prove the awareness of the defendant about the contract by writing or via an open statement.  It doesn't matter if the defendant believes that the business relationship wasn't valid especially since the contract was signed by two parties as the court will still charge him or her with Internet Defamation or tortious interference.


Intentions are also considered. Whether or not the defendant intentionally meddled with the contract will help the court in deciding if he or she is responsible for the tortuous interference.  In this case, intent can either mean that the defendant openly showed the desire to sabotage the contract or they could have had another reason but still acted knowing that interference was going to happen.


The plaintiff will only have a legitimate claim if the accused caused actual interference. So before you decide to pursue such a case, ensure that your evidence is substantial. Note that if someone's attempt to cause a contract breach fails, there is no tortious interference.