Legal Resource Center

What is Tortious Interference with Contractual or Business Relations?

 

“Tortious interference” is a civil tort for damages against a defendant who wrongfully interferes with another party’s contractual or business relationship.

The tort of tortious interference occurs when a person causes harm by intentionally:

(a) disrupting or causing a breach of a contractual relationship, for example by preventing a partying from performing its obligations under a contract; orWhat is Tortious Interference with Contractual or Business Relations?

(b) harming an existing business relationship or activity, for example, by spreading false and harmful information about company to its clients.

The person causing the illegal interference is typically a third party who is not included in the contract or relationship. Whether a particular claim qualifies as tortious interference with contract, or tortious interference with business relations, generally depends on whether the parties who are being interfered with have a formal contract in place. The purpose of tortious interference claim is to allow parties to be free to contract with one another and to be able to fulfill their contractual obligations without illegal interference from outside parties.

Click here for some examples of tortious interference

 

Elements to Prove Tortious Interference

In most jurisdictions, a claim for tortious interference requires that the following six elements are proven:

  1. A valid contract or relationship must exist between at least two parties;
  2. The third party defendant had knowledge or was aware of the contract between the two other parties;
  3. The defendant intended to convince, induce, or make one of the parties to the contract breach the contract;
  4. The interference by the defendant was not an act that is privileged or protected by the law;
  5. A contractual breach actually occurred; and
  6. The non-breaching party suffered measurable damages.

If the above elements occurred then a defendant may be liable for tortious interference. The remedies for a plaintiff in a tortious interference action include both monetary damages and equitable remedies, including, among others: money damages for lost profits, specific performance of a contract, punitive damages, and other remedies like injunctions. The assessment of money damages are calculable by a number of factors including fair market values or prices listed in the contract itself.

 

Stop Tortious Interference on the Internet

If you or your business is a victim of tortious interference from information written on internet, contact the experienced internet attorneys at Meyers Roman Friedberg & Lewis, LPA to evaluate your case. Under current laws, it is possible for an attorney to completely remove infringing content from the web. Call (216) 373-7706 today to find out more information.

How to Identify (and Remove) Fake Online Business Reviews

Are Fake Online Reviews Hurting your Business? Find out what you can do about it.   What to do if your Business is being Attacked by Fake Reviews The Internet has become an essential part of our lives. Almost everything we do is connected to the Internet in...
Read More

When Free Speech Clash with Rules of Conduct

Imagine you're at a sporting game with your children. It's a great way to spend time with the family. You have good seats and your team is even winning. It's looking to be a great day. Then, the guy in front of you takes off his shirt to reveal his highly offensive...
Read More

Attorney Aaron Minc interview on Cleveland News 5

Ohio failed to pass Bill 353 to join 38 other states and Washington DC to criminalize Revenge Porn.  Mona Kosar from Cleveland 5 news interviews Aaron Minc about this and the latest Revenge Porn making headlines between Rob Kardashian and his former fiancee Blac...
Read More

What Is Tortious Interference?

Tortious interference is one of those legal terms that sounds a lot more complicated than it is. Bryan A. Garner, the author of the Dictionary of Modern Legal Usage, once explained the concept to the legendary New York Times wordsmith William Safire.  "Say you had a...
Read More

Revenge Porn: How to Fight Back [50 State Interactive Map]

Of all the posts I’ve written in my years of running this blog, few have gotten more traffic and response than an article I wrote three years ago on revenge porn. It focused on the malicious revenge porn site, MyEx.com, which posts intimate, personal and sometimes...
Read More