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Establishing the Elements for Tortious Interference with Contractual Rights

A cause of action for tortious interference with contractual rights arises from the intentional and unjustifiable interference with contractual relations. In order for a plaintiff to maintain a cause of action for tortious interference with contractual rights, he or she must prove that a third party defendant interfered with a contract by influencing, inducing or coercing one of the parties to breach the contract, thereby causing injury to the other party. To establish a claim for tortious interference with contractual rights, a plaintiff should consult with an experienced West Palm Beach business lawyer that will establish the essential elements, which are:

  • The existence of a contract;

    The defendant's knowledge of the contract;

    The defendant's intentional procurement of the contract's breach;

    The absence of any justification or privilege; and

    The damages to the plaintiff resulting from the breach.

    A plaintiff must prove that the defendant's interference was the proximate cause of the plaintiff's damages. Therefore, without proof of proximate cause, a cause of action for the intentional interference with a contractual relationship cannot be sustained.

    Additionally, a cause of action for tortious interference with a contractual relationship can include attempts to alter or change only a single contractual provision, whether the attempt is to extinguish the provision entirely or simply to alter it, as long as the effect is to interfere with benefits otherwise due to the plaintiff. However, if it is proven that a party to the contract was predisposed to breach the contract, without the inducement of the defendant, there will be no liability.

    A cause of action for tortious interference with advantageous business relationship may have many complex issues. Therefore, you should consult with an experienced West Palm Beach business lawyer. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.




 All material contained in this site is for informational purposes only and is not meant to take the place of a licensed lawyer. Attempting to use this material to help yourself may result in irreparable harm to your case. Please consult a License Florida lawyer for help. Examples including case law, rules of procedure and satutory law are for demonstrative purposes and may not be Florida Specific. No attorney client relationship is formed unless we accept your case and you sign a contract.
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