Interference with Business Relations

Question 1

Interference with Business Relations

Answer 1

Plaintiff and 3rd party have existing contract or foreseeable potential contract.

Defendant knew of existing contract or potential contract, and intentionally interfered inducing breach or termination which resulted in damages.

Question 2

Privileges

Answer 2

Defendant’s actions proper if attempt to obtain business for itself or to protect its interests. More likely if:

interfered with business rather than contract.

used commercially acceptable means of persuasion rather than illegal or threatening tactics.

is a competitor of plaintiff seeking the same prospective customer.

has financial interest in or responsibility for third party, or is responding to third party request for business advice.