Are there any defenses to a tortious interference with contractual relations claim?

Yes, there are defenses to a tortious interference with contractual relations claim in North Carolina. Generally, a party defending a claim of tortious interference must prove that the interference was justified or privileged. This could be based on a legal or contractual provision, a public policy interest, or a moral right. The most common defense is consent. This occurs when the interference was done with the consent or approval of the party whose contractual relations were interfered with. A defendant could also show that the contract was unlawful, or there was a good faith belief that the contract was unlawful. It could also be argued that the defendant’s conduct was reasonably necessary for the well-being of a third party, such as a family member. The defense of “common interest” is also available, which is when the defendant and the parties to the contract have a mutual interest in the same activity or outcome and the interference was in the furtherance of that common interest. Additionally, North Carolina law offers a privilege to persons acting in the public interest, meaning that a defendant may be deemed to have achieved a legitimate goal or protected a public interest. Finally, in some circumstances, a party may be able to argue defense of self interest or economic advantage; that is, that the defendant had to act in their own or their company’s economic interests.

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