Contractual Business Relationships
Tortious interference with a contractual relationship can cause untold damages to businesses and sometimes go completely unnoticed until the situation is dire. If you feel that your business may be a victim of tortious interference, having a seasoned, experienced attorney on your side can make all the difference in whether you are able to litigate successfully.
Certain key elements must be demonstrated for tortious interference with a contractual business relationship. Generally, you must be able to show the existence of a contractual relationship that the tortfeasor had knowledge of. The tortfeasor must intentionally and without justification cause a breach or disruption in the contractual relationship. Finally, the tortfeasor’s actions in causing the breach or disruption must have resulted in damage to your business. Usually, the tortfeasor’s tortious interference must be intentional rather than negligent in order for you to collect damages and must include some sort of wrongful act and/or improper use or access of confidential information in which a tortfeasor uses to interfere with your contractual relationship.
A common example of tortious interference with a contractual relationship is when a third party convinces or coerces a supplier into ending or limiting a contract and thus no longer servicing a competing company or servicing that company on a restricted basis.
What constitutes tortious interference is largely based on each state’s tort laws and statutes as well as what each court has ruled on in past cases. Florida has a fairly robust history of awarding parties injured by a tortfeasor, though each case must be decided on its own merits. Where many business owners err is in assuming that Florida courts will not agree with the intentional conduct of the tortfeasor and simply see the behavior as “competition”. Tortious interference with a contractual relationship is a common cause of action in Florida and Courts will recognize economic injury resulting from a tortfeasor’s actions when merited.
None of these cases are “black and white” and should not be taken for granted. To litigate successfully in tortious interference cases, attorneys for the plaintiff must present a rock-solid, compelling case that leaves nothing to chance.
As with all litigation, it is essential that you first consult with an experienced attorney to ensure you have cause and enough evidence to pursue your case. Our South Florida-based firm has ample experience in dealing with tortious interference cases and can represent your business or serve as litigation general counsel. To see how TCLG can assist: