What are the elements of a tortious interference with contractual relations claim?
A tortious interference with contractual relations claim, in South Carolina, can be made when an individual or entity interferes with the performance of an existing contract between two parties. To pursue a successful tortious interference claim, four elements must be present: 1. A valid and binding contract between two parties The contract must be legally enforceable and binding. This means that both parties must have a mutual understanding of the terms and conditions of the agreement and have agreed to them in good faith. 2. Knowledge of the Contract The individual or entity being accused of interference must have been aware of the contract. This means that they must have had knowledge or awareness of the contract and its terms and conditions. 3. Intentional Interference The alleged interference cannot be an accident or due to mere negligence. The individual or entity must have intentionally acted to disrupt the performance of the contract, such as by making false statements, engaging in fraudulent activities, or using deceptive tactics. 4. Damages There must be proof that damages occurred due to the interference. This could include a financial loss, loss of business opportunities, or interference with the enjoyment of rights and benefits under the contract. Damages must be directly related to the interference for a successful claim.
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