Tortious interference occurs when a party (known as tortfeasor) tries interfering a business relationship, which a plaintiff tries making with a third party. Usually, tortfeasor does it for some financial benefits. This guide will explain you “what is tortious interference?”
About Tortious Interference
Tortious interference is a situation where a tortfeasor tries to interfere in an existing or potential contract which a plaintiff is going to make with third party. This interference can be on account of threatening, blackmailing, punishment etc.
The plaintiff under such situations can make two types of claims viz. one under existing contract and the other under potential contract.
- Breach of Existing Contract
Here the tortfeasor tries interfering in an existing contract which a plaintiff has with third party. To successfully prove his/her claim in law court, a plaintiff needs adequate proofs. The plaintiff needs to prove that the tortfeasor had prior contract and he/she tried interfering with it using threatening, blackmailing and other wrongful means.
- Breach of Potential Contract
In this situation, the plaintiff needs to prove that the tortfeasor had knowledge of a potential contract between him/her and the third party. Proving claim in this situation can be slightly difficult than under existing contract. This is because the said contract has still been under the discussion and hasn’t got finalised yet.
Elements of Tortious Interference
To have a complete understanding of “what is tortious interference?”, it’s important to know its elements.
- Presence of a contract: It is important that a contract exists between the plaintiff and the third party. A non-documented contract can make plaintiff’s case weaker to tortfeasor.
- The tortfeasor should have knowledge of the contract.
- Interference of tortfeasor has to be intentional.
- Interference of tortfeasor has to be improper or wrongful. In this case, the claim is legal if tortfeasor has used means like blackmailing, punishment or threatening.
- Interference in contract by tortfeasor caused financial or economic losses to the plaintiff.
It is important that the plaintiff is able to prove all the mentioned elements. Even if single element goes missing, the plaintiff won’t be able to win the claim against tortfeasor. It is important that you prove damages in the court. Following section will tell you about the importance of proving damages.
Why Is It Important to Prove Damage?
It is important that you have solid evidences to prove your case in the law court. The entire burden of proving damages lies on the plaintiff. At times, it becomes difficult to cooperate with witnesses. Therefore, it is extremely important that you discuss your point clearly with other parties. Only after collecting relevant documents and evidences that prove your case, you should proceed ahead.
You can hire a business lawyer to help you with a tortious interference case. Your lawyer will advise you suitable ways to prove your case in the court so that you can get compensation of whatever the financial loss you have faced.
Hope this guide will help you to understand the importance of proving damage in tortious interference case.