Tortious Interference with an Advantageous Business Relationship or Contract

What is tortious interference with an advantageous business relationship or contract?

Tortious interference with an advantageous business relationship or contract is a legal claim that arises when one party intentionally disrupts or damages another party’s business relationship or contract with a third party to the interference’s advantage. This type of interference is considered a tort (a civil wrong) and can result in an award of damages to the injured party.

Florida law recognizes two forms of relationships subject to tortious interference: contractual business relationships and advantageous business relationships. Contractual business relationships are established by contracts between the parties, including non-disclosure agreements, non-compete agreements, and sales agreements. Advantageous business relationships are harder to describe but can include scenarios like a sales relationship with a customer or a supplier.

Examples of tortious interference include inducing a third party to breach a contract, spreading false information about a business or product, or stealing confidential business information

Need help with a claim for tortious interference with an advantageous business relationship or contract? Schedule your consultation today with a top business litigation attorney.

Which Florida and federal laws, rules, and regulations apply to tortious interference with an advantageous business relationship or contract?

Florida has no specific statute that governs tortious interference with an advantageous business relationship or contract. Instead, the tort is recognized and governed by the common law—a body of law created by judicial decisions and precedent—rather than legislation. Accordingly, Florida courts have identified and clarified the requirements to plead tortious interference. Across various cases, tortious interference claims have been successfully recognized in many industries, including retail, technology, manufacturing, construction, employment, and service.

Potential plaintiffs must be wary, though, of Fla. Stat. § 95.11(4)(g), which identifies the statute of limitations for tortious interference with an advantageous business relationship or contract as four years. This time starts running when the last element of the defendant’s action begins.

What is required to prove a case of tortious interference with an advantageous business relationship or contract in Florida?

The elements of tortious interference with an advantageous business relationship or contract are:

(1) the existence of a business relationship under which the plaintiff has legal rights (but which is not necessarily evidenced by an enforceable contract);

(2) the defendant’s knowledge of the relationship;

(3) intentional and unjustified interference with the relationship by the defendant; and

(4) damage to the plaintiff as a result of the interference.

When a set of facts is appropriate to meet the requirements of tortious interference with an advantageous business relationship or contract, there are many paths a claimant may take. We are value-based attorneys at Jimerson Birr, which means we look at each action with our clients from the point of view of costs and benefits while reducing liability. Then, based on our client’s objectives, we chart a path forward to seek appropriate remedies, such as:

• Injunctive relief
• Compensatory damages
• Punitive damages

To see what actions may be available for your unique situation, please contact our office to set up your initial consultation.

What are common defenses to tortious interference with an advantageous business relationship or contract?

The primary defenses to tortious interference with an advantageous business relationship or contract in Florida include:

• Lack of intent: If the defendant did not intentionally interfere with the plaintiff’s business relationship or contract, the interference is not tortious.
• The truth of statements: If the defendant made factual statements about the plaintiff’s business or product, their actions might not be tortious.
• The Defendant acted in their own best interest: There can be no interference with a contractual relationship where the defendant acted to safeguard or promote their financial or economic interest.
• Absence of harm: If the plaintiff cannot prove that the defendant’s actions caused harm to their business relationship or contract, the claim may fail.
• Legal justification: If the defendant’s actions were legally justified, such as in the case of lawful competition, they may not be considered tortious.
• Statute of Limitations: The defendant may argue that the statute of limitations has expired and that the claim is barred. In Florida, the statute of limitations is four years.

When defending against a tortious interference claim with an advantageous business relationship or contract, one core focus could be emphasizing a lack of intent to interfere with a relationship or contract. To prove this, the defendant could use evidence like proof of legitimate business practices, including competition or lack of knowledge about the agreement.

Another strategy to defend against this claim is to claim a lack of causation and damages resulting from the alleged behavior. The plaintiff must have suffered some concrete damages to succeed in this claim. Evidence showing something to the contrary could include continued business successes or contractual relationships.

To see what defenses may be available for your unique situation, please contact our office to set up your initial consultation.

Have more questions about a tortious interference with an advantageous business relationship or contract-related situation?

Crucially, this overview of tortious interference with an advantageous business relationship or contract does not begin to cover all the laws implicated by this issue or the factors that may compel the application of such laws. Every case is unique, and the laws can produce different outcomes depending on the individual circumstances.

Jimerson Birr attorneys guide our clients to help make informed decisions while ensuring their rights are respected and protected. Our lawyers are highly trained and experienced in the nuances of the law, so they can accurately interpret statutes and case law and holistically prepare individuals or companies for their legal endeavors. Through this intense personal investment and advocacy, our lawyers will help resolve the issue’s complicated legal problems efficiently and effectively.

Having a Jimerson Birr attorney on your side means securing a team of seasoned, multi-dimensional, cross-functional legal professionals. Whether it is a transaction, an operational issue, a regulatory challenge, or a contested legal predicament that may require court intervention, we remain tireless advocates at every step. Being a value-added law firm means putting the client at the forefront of everything we do. We use our experience to help our clients navigate even the most complex problems and come out the other side triumphant.

If you want to understand your case, the merits of your claim or defense, potential monetary awards, or the amount of exposure you face, you should speak with a qualified Jimerson Birr lawyer. Our experienced team of attorneys is here to help. Call Jimerson Birr at (904) 389-0050 or use the contact form to set up a consultation.