What are the elements of a tortious interference with contractual relations claim?
Tortious interference with contractual relations, also known as interference with contractual relations, is a tort law claim in Washington. Under this claim, a person or entity can be held liable if they interfere with another person’s contractual or business relationship with a third-party. In order to prevail, a plaintiff must show that the defendant: (1) intentionally interfered, (2) with their existing contractual relationship or prospective contractual relation; (3) with a third-party; (4) resulting in damages; and (5) the interference was done in a wrong or unlawful manner. The burden is on the plaintiff to show that the defendant’s actions were intentional and unlawful. Examples of intentional interference could include leading a customer away from a plaintiff’s business for no valid reason, or making false representations about a plaintiff to a prospective client that causes the client to not use the plaintiff’s services. If a plaintiff can prove that these elements are met, they may be entitled to compensatory damages, punitive damages, and/or injunctive relief. Injunctive relief can include a court order that the defendant stop engaging in the conduct that is interfering with the plaintiff’s contractual or business relations. Unfair competition laws are in place to protect businesses and consumers from deceptive behavior, and tortious interference with contractual relations is one of the claims that can be brought under these laws. Those considering bringing a claim should consult an experienced attorney to assess the merits of their case.
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