What are the elements of a tortious interference with contractual relations claim?
Tortious interference with contractual relations is a tort or civil wrong which occurs when a person intentionally interferes with an existing contract between two parties. This type of tort is recognized under Arizona’s Unfair Competition Law. In order to successfully pursue a tortious interference with contractual relations claim, a plaintiff must be able to prove four elements. First, the plaintiff must be able to prove that there was a valid and enforceable contract between two parties. In Arizona, valid contracts can be formed verbally or in writing. Second, the plaintiff must be able to prove that the defendant was involved in either inducing or causing the breach of the existing contract. The defendant does not need to be a party to the contract in order to be held liable for tortious interference. Third, the plaintiff must prove that the defendant acted intentionally. A defendant can be found liable even if the interference was unintentional so long as the defendant acted with some degree of intent. Finally, the plaintiff must be able to show that they suffered financial loss as a direct result of the defendant’s actions. Without this element, it is impossible to prove that a tort occurred. If a plaintiff is able to prove these four elements, a court is likely to find that the defendant is liable for tortious interference with contractual relations. The plaintiff may then be able to recover damages from the defendant.
Related FAQs
Are there any defenses to a claim of copyright infringement?What is the definition of “unfair trade practices”?
What is the doctrine of patent exhaustion?
What is the Sherman-Kleptomania Doctrine?
Are there any defenses against a UDRP claim?
Are there any defenses to an Anti-Cybersquatting Consumer Protection Act claim?
What is the concept of “trade secrets” and how can they be protected against unfair competition?
Is copyright infringement a form of unfair competition?
Are there any international laws governing unfair competition?
What is the scope of the tort of appropriation of corporate opportunity?
Related Blog Posts
What Is Unfair Competition Law and How Can It Protect Your Business? - July 31, 2023Understanding Unfair Competition Law: What You Need to Know - August 7, 2023
Unfair Competition Law: Key Concepts and Terminology - August 14, 2023
The Basics of Unfair Competition Law for Business Owners - August 21, 2023
How to Recognize and Respond to Unfair Competition Practices - August 28, 2023