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By Richard Obiol
Principal Attorney

Tortious interference occurs when an outside party intentionally disrupts a business relationship or contract, harming one of the involved parties. In the context of business partnerships, it can lead to significant financial and reputational damage. Whether a competitor tries to sabotage a deal or a third party influences a partner’s decisions, the consequences can be severe. Let’s examine how tortious interference can impact your business partnerships and how to address such misconduct. 

Understanding Tortious Interference

Tortious interference occurs when a third party intentionally disrupts a contractual or business relationship between two other parties, leading to financial harm or other damages. This interference can take many forms, such as persuading a business partner to breach a contract or preventing a potential deal from being finalized. The key element is that the interference must be intentional, resulting in a tangible loss for the affected party.

There are two main types of tortious interference. The first involves disrupting an existing contract, while the second targets a potential agreement that has not yet been formalized. In both cases, the wronged party may have the right to seek legal recourse against the interfering party. 

Common Scenarios of Tortious Interference in Business Partnerships

Tortious interference can arise in various business scenarios, particularly when outside parties seek to disrupt a profitable partnership or contract. Understanding these situations can help businesses identify and address interference before it causes significant damage.

Common examples of tortious interference include:

  • A competitor persuading a key partner to break an exclusive contract: This might involve offering better terms or misleading information to induce a breach.
  • A third party spreading false rumors about one partner: This can lead to mistrust and strain within the partnership, potentially causing one partner to withdraw.
  • A former employee using insider knowledge to disrupt ongoing deals: They can damage existing relationships by sharing confidential information with competitors.

Such interference can be devastating, leading to financial losses, damaged reputations, and even the dissolution of long-standing partnerships. 

Proving Tortious Interference

Proving a claim of tortious interference requires meeting specific legal elements that demonstrate the wrongful nature of the interference. Understanding these elements is crucial for building a solid case.

  • Existence of a valid contract or business relationship: The first element involves proving that a legitimate contract or prospective business relationship existed between the parties. Without this foundation, a claim of tortious interference cannot proceed.
  • Intentional interference: The interfering party must have intentionally acted to disrupt the relationship or contract. This means that the interference was deliberate, not accidental or incidental.
  • Wrongful conduct: The interfering party’s actions must be wrongful or improper. This could include fraudulent behavior, coercion, or the use of unlawful means.
  • Causation and damages: Finally, it must be shown that the interference directly caused harm, resulting in financial loss or other damages to the affected party.

Meeting these legal elements is essential for a successful tortious interference claim, making proper legal representation essential. 

How An Attorney Can Help

An attorney well-versed in commercial litigation can be a crucial ally when dealing with a tortious interference claim, whether you’re pursuing or defending against one. These cases can be complex, involving detailed legal elements and requiring substantial evidence to prove or disprove the claim. An experienced attorney can help you navigate these challenges, ensuring your interests are protected at every step.

For those pursuing a claim, a commercial litigation attorney can gather the necessary evidence, build a strong case, and represent you in negotiations or court. They’ll work to prove the intentional and wrongful nature of the interference, aiming to secure compensation for the damages you’ve suffered.

If you’re defending against a tortious interference claim, an attorney can help craft a robust defense, exploring all possible defenses and working to minimize any potential liability. At Civardi & Obiol, our team is dedicated to providing the skilled representation you need to protect your business interests and achieve the best possible outcome.

Protecting Nassau County Businesses From Tortious Interference

Tortious interference can seriously affect your business partnerships, but you don’t have to face it alone. Contact Civardi & Obiol today to discuss your situation and learn how our experienced commercial litigation attorneys can help safeguard your business interests.

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