A cause of action for tortious interference with contractual rights can be defined as an action arising from conduct that is intentional and direct. That is, there can be no cause of action for negligent interference with contractual rights because the defendant must have acted with intent to interfere with the contractual rights of the plaintiff. However, actual ill-will or fraud is not an essential element of the tort of interference with a contract right. Rather, legally sufficient malice will be inferred from an intentional act done without justification, or from a willful violation of a known contract right. For instance, a trial court properly issued a temporary injunction against a national real estate franchisor for soliciting the franchise holders of another national real estate franchisor, where the plaintiff franchisor had maintained franchise contracts for years with certain franchisees, and the defendant knowing of these contracts, actively and aggressively solicited the plaintiff's franchisees to enter into franchise agreements with the defendant. Therefore, although a plaintiff does not need to prove ill-will or malice to maintain a claim for tortious interference with a contract, malice is relevant to a claim for punitive damages. Additionally, a court may issue a temporary injunction against a defendant to prevent the defendant from further interfering with the plaintiff's contractual rights, when it is appropriate.

A cause of action for tortious interference with contractual rights 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.