Tort Law · claim
Tortious interference involves the intentional inducement of a third party to breach a contract or to interfere with a business relationship. This wrongful act can lead to harm for the affected party, resulting in legal liability for the interferer.
The plaintiff must show that a valid contract or a business relationship with specific economic advantages existed.
What to prove: The plaintiff must present evidence demonstrating the contract's existence or details of the business relationship.
The defendant must have knowledge of the existing contract or business relationship.
What to prove: The plaintiff needs to show that the defendant was aware of the contract or relationship at the time of interference.
The defendant's actions must be shown to have intentionally disrupted the relationship.
What to prove: The plaintiff must demonstrate that the defendant's conduct was purposeful and directed at causing the interference.
The defendant's actions must be deemed improper, which may involve wrongful motives or means of interference.
What to prove: The plaintiff has to establish that the interference was not justified or legitimate, often requiring an assessment of the defendant's reasons.
The plaintiff must show that they suffered damages as a result of the interference.
What to prove: The plaintiff must provide proof that the interference resulted in actual harm, such as lost profits or business opportunities.
The plaintiff bears the burden of proof and must establish their claim by a preponderance of the evidence.
Tortious interference often appears in exams as hypotheticals involving business relationships and can require students to identify all elements and defenses relevant to the scenario.