Tortious Interference

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In an increasingly competitive business landscape, it is becoming more and more important to nurture professional relationships. Unfortunately, not all individuals or entities see the importance of maintaining good relations – in fact, many seek to harm them with the goal of causing financial loss and other damage. Even those who used to work for a business may damage companies by stealing trade secrets or breaking confidentiality agreements.

Tortious interference claims arise from a person or business’ interference with another’s business relationships for their own benefit or to cause harm to the business being interfered with. There are various ways in which tortious interference can occur, but here are some examples:

  • A vendor offering unreasonably low prices to a buyer can result in the buyer breaching a contract with another business. This is known as “predatory pricing” and is a common form of tortious interference in the business world
  • A former employee uses commercially sensitive information to compete against you and/or interfere with your contractual or business relationships
  • A third-party making threats or coercive demands to a business or another party in order to gain an advantage in a contractual or business relationship
  • Refusing to perform a duty or obligation, such as delivering goods, can also be an act of tortious interference. This can impair the plaintiff’s ability to meet its contractual obligation and cause financial loss

These are just a handful of tortious interference examples. Tortious interference can have significant financial consequences for businesses, including lost profits and damage to reputation.

Understanding the Two Types of Business Relationships Vulnerable to Tortious Interference in Florida

In the state of Florida, two types of business relationships can be vulnerable to a tortious interference claim. These are Contractual Business Relationships and Advantageous Business Relationships.

Contractual business relationships refer to situations where there is an enforceable contract between two parties. If a third party interferes with such a contract, by inducing one party to breach the terms of the contract or by disrupting the contract in some way, it may be considered tortious interference.

On the other hand, an advantageous business relationship is not necessarily defined by a contract, but it still brings value to a business. Examples of such relationships include customer relationships, referral sources, or strategic alliances. If a third party intentionally disrupts or interferes with these relationships without justification, it may also be considered tortious interference.

In either case, the affected businesses may seek damages from the interfering party.

Seek Counsel from an Experienced Business Attorney

Businesses in Florida should be aware of the two types of business relationships recognized in tortious interference cases and take steps to protect themselves. If you believe your business is a victim of tortious interference, it is advisable to seek the guidance of an experienced attorney who specializes in complex business litigation. A skilled attorney can assess the circumstances of the interference and advise you on the best course of action to protect your business interests. At TCLG, we specialize in complex business litigation and have experience litigating cases involving elements of tortious interference. Our firm can help you assess whether you have a valid tortious interference claim and what you may be able to recover.

FAQs

Frequently Asked Questions and Answers

What are the elements of a tortious interference case?

To pursue a successful tortious interference case in Florida, it is crucial to establish each element of the claim. Our lawyers can assist you in meeting these requirements by gathering evidence and guiding you through each step of the process. The following elements must be proven:

1. The existence of a contractual or advantageous business relationship between the plaintiff and another party;

2. The defendant (third party) was aware of the relationship;

3. The defendant intentionally disrupted the relationship or induced one party to breach the contract with the other;

4. The defendant’s actions were unjustified; and

5. The plaintiff suffered damages as a direct result of the interference.

Additionally, proving causation is critical to the case, meaning the plaintiff must demonstrate that the breach of contract or disruption of the business relationship would not have occurred without the third party’s interference.

What damages are available through a tortious interference claim?

Florida businesses impacted by tortious interference have the right to pursue economic damages from the defendant. These damages aim to compensate the plaintiff for any losses incurred that would not have happened if not for the defendant’s actions. The amount of damages is determined by the actual losses suffered, and therefore, it varies based on the specifics of the case.

Is there a statute of limitation of tortious interference cases?

Under Florida law, if you suspect that you have a tortious interference claim, you have four years from the date of cause of action to file your suit. However, it is best to act promptly as crucial evidence may be lost, and facts may become obscured over time.

How can a business attorney help?

If you suspect that your business has been a victim of tortious interference, seeking the assistance of an experienced attorney is crucial. A skilled attorney can assess your case, inform you of your legal rights, and recommend appropriate actions. Additionally, they can collect evidence on your behalf, examine contract language and potential breaches, negotiate a settlement, and provide other valuable services. Choosing not to work with a competent attorney can be a costly mistake your business cannot afford.

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Regina Campbell

Regina Campbell

Principal Attorney

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