Tortious Interference with Contracts
Boca Raton Tortious Interference Attorney
The American marketplace relies on competition to elevate the quality of products and services and to keep the prices for those products and services in check. Business persons must acknowledge the reality of completion in the marketplace and must compete to survive and thrive in business. However, while competition is generally a good thing, there are bad actors in the business who, under the guise of completion, engage in improper business practices which amount to unlawful interference with contract rights and advantageous business relationships that may not involve a contract at all. On the other hand, some business persons seek to hinder legitimate competition by threatening or commencing litigation as a strategy to avoid the threat represented by such completion The line between the conduct amounting to unlawful business practices and lawful completion can be unclear and such conflicts can give rise to serious business litigation issues.
Unlawful interference by a third party with your contract rights or business relationships , it is considered tortious interference. Such actions are direct violations of your property rights and can represent a substantial threat to your business enterprise or a valuable business relationship. Oftentimes, the only way to correct a situation skewed by tortious interference is to take action with a Boca Raton business litigation attorney.
What is Tortious Interference?
The simplest definition of a tort is a wrongful act according to the law.
"Tortious interference is a common law tort allowing a claim for damages against a defendant who wrongfully interferes with the plaintiff's contractual or business relationships."
Tortious interference typically occurs when a non-party to a contract or an existing business relationship convinces a party to a contract or business relationship to engage in conduct that amounts to a breach of the contract or a termination of the ongoing advantageous business relationship . It should also be noted that a tortious interference claim exists, if at all, against a party or parties who are not parties to the contract or business relationship being interfered with. However, the party to the contract interfered with who breaches the contract based on such interference may be sued by the other party to the contract for the breach of that contract and for the damages caused by such breach.
When a tort breaches a contract, your attorney will need to prove that:
- A valid and enforceable contract between you and another party existed
- The interferer was aware of this contract
- The interferer intentionally or unjustifiably persuaded a contract breach
- The wrongful conduct actually caused a breach by the third party
A tortious interference claim will generally need to cite actual damages that have occurred to your business, most notably a decline in sales or profits. With a knowledgeable business litigation attorney, you may also be able to pursue financial compensation for future business that you should have been able to secure had the tortious interference never taken place.
Defenses When You are Accused of Tortious Interference
Businesses may react aggressively to a competitor that threatens to take away business, even thought the actions taken by the competitor are lawful. It is entirely possible that you are the one being wrongfully accused of tortious interference. If you are threatened by a competitor, protect your right to lawfully compete and pursue business opportunities. Let me show you creative and powerful business litigation strategies to formulate a solid defense on your behalf .
Legal defenses to claims of tortious interference include:
- You were not aware of the contract’s existence
- You did not intend for your actions to interference with the contract
- Another breach had already damaged the contract, despite alleged interference
- There was no valid contract in place
- You have justified legal reasons behind your actions
- No breach actually occurred (contract needs review)
Gregg H. Glickstein, P.A. Defending Your Business
When you need an experienced and respected Boca Raton tortious interference attorney on your side, you need Attorney Gregg H. Glickstein. For a complete solution and resolution of your business dispute through an amicable resolution or by aggressively pursuing justice in court, he has the ability and the know-how required to explore all your legal options and decide upon what is best for your unique case. With more than 35 years of legal and trial experience and an AV® Preeminent™ Rating from Martindale-Hubbell®, you can be confident that your business’s best interests will be protected.
Call 561-953-6662 or fill out an online case evaluation form today to get started towards the right resolution to your tortious interference case.