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

In South Carolina, there are two potential defenses to a tortious interference with contractual relations claim. The first defense is known as the “justification defense.” To successfully invoke this defense, the defendant must prove that he or she was protecting their own valid economic interests and that they did not act with malice or fraud. Additionally, the defendant must be able to demonstrate that the means they used to achieve their goal of protecting their economic interests were reasonable. The second potential defense is the “public policy defense.” This defense applies when the defendant can demonstrate that their actions were intended to advance a significant public policy goal. In other words, the defendant must be able to show that their actions were in the best interests of society, rather than done with malicious intent. In addition to the two specific defenses discussed above, it is also important to note that in many cases, it is possible to pursue a motion for summary judgment before a case goes to trial. Summary judgment occurs when the parties involved can provide sufficient evidence to show that a trial is unnecessary and that the court can rule in favor of either the plaintiff or the defendant without further proceedings. Ultimately, whether or not the defendant can successfully invoke either of the two defenses or a motion for summary judgment will depend on the specific facts of each case and the applicable laws of South Carolina.

Related FAQs

What are the elements of an unlawful act of unfair competition?
What are the remedies available for trademark infringement?
What is unfair competition law?
What is the purpose of the Anti-Cybersquatting Consumer Protection Act?
Is dilution of a trademark a form of unfair competition?
What are the elements of a trade dress infringement claim?
What does the Lanham Act prohibit?
What remedies are available for trademark infringement?
What is the doctrine of unjust enrichment?
What are the elements of a tortious interference with contractual relations claim?

Related Blog Posts

What Is Unfair Competition Law and How Can It Protect Your Business? - July 31, 2023
Understanding 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