A tortious interference claim may only be maintained against persons or entities who are not parties to the contractual relationship. Therefore, a plaintiff cannot maintain a cause of action for tortious interference of a contract against a person who is a party to the actual contract. Accordingly, to be liable for interference with a contractual right, the interfering party must be a disinterested third party with regard to the plaintiff's contractual agreement. However, a defendant is not considered to be a stranger to a business relationship if he or she has a supervisory interest in how the relationship is conducted or a potential financial interest in how a contract is performed. Additionally, an agent of a corporate party to a contract, acting within his or her capacity and scope as an agent, cannot be considered to be a separate entity or third party for purposes of a claim of tortious interference with contractual rights, and thus cannot be held liable.

Moreover, a claim for tortious interference with a contractual relationship can exist even if the contract forming the basis of the relationship is void and unenforceable. Therefore, it is not necessary that the agreement on which an action is based, be enforceable between the parties. Contracts that are voidable by reason of the statute of frauds, formal defects, a lack of consideration, lack of mutuality, or even the uncertainty of terms may still afford a basis for a tort action when the defendant interferes with their performance. Similarly, the fact that the contract at issue is terminable at will is generally not a defense to an action for tortious interference.

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.