In the competitive world of business, disputes over contracts and relationships are inevitable. However, when a third party improperly interferes with these agreements or prospective advantages, Florida law recognizes a specific legal claim: tortious interference. This tort provides a remedy for individuals and businesses harmed by the intentional and unjustified meddling of others in their contractual or business dealings.
What Is Tortious Interference?
Tortious interference occurs when someone unlawfully disrupts the contractual or business relationship between two other parties. Florida law recognizes two primary types:
-
Tortious Interference with a Contract
-
Tortious Interference with a Business Relationship (or Advantage)
Though closely related, these claims have different legal elements and requirements.
Tortious Interference with a Contract in Florida
To establish a claim for tortious interference with a contract, a plaintiff must prove:
-
The existence of a valid contract.
-
Knowledge of the contract by the defendant.
-
Intentional and unjustified interference with the contract.
-
Damages resulting from the interference.
The interference must be intentional. Mere negligence or incidental conduct typically does not rise to the level of tortious interference.
Example:
If a competitor persuades a supplier to breach an exclusive supply agreement with your business, you may have grounds for a tortious interference claim.
Tortious Interference with Business Relations
Even in the absence of a formal contract, Florida law protects certain business relationships. To prove tortious interference with a business relationship, the plaintiff must show:
-
The existence of an advantageous business relationship or expectancy.
-
The defendant's knowledge of the relationship.
-
Intentional and unjustified interference.
-
Damage resulting from the interference.
Notably, the business relationship must be more than speculative; it should be identifiable and reasonably probable.
Defenses to Tortious Interference
Several defenses can be raised against a tortious interference claim:
-
Justification or privilege: If the defendant’s actions were legally justified or privileged (e.g., lawful competition), there may be no liability.
-
Lack of knowledge: A defendant unaware of the contract or relationship might avoid liability.
-
Truthful statements: Providing truthful information, even if harmful, may be protected under certain circumstances.
Remedies and Damages
Successful plaintiffs in tortious interference cases may recover:
-
Compensatory damages: For actual losses due to the interference.
-
Punitive damages: In cases involving malice or egregious conduct.
-
Injunctive relief: To prevent ongoing or future interference.
Why Legal Counsel Is Crucial
Tortious interference cases can be complex, fact-intensive, and involve significant business interests. An experienced Florida business litigation attorney can help assess your situation, gather evidence, and develop a strategy for recovery or defense.
Conclusion
Tortious interference with contracts and business relations is a powerful legal remedy in Florida. Whether you're protecting your business interests or defending against a claim, understanding the key elements and available defenses is essential. If you suspect interference has harmed your business, consulting legal counsel promptly is a critical first step.
Contact Florida Lawyer J.P. Gonzalez-Sirgo by dialing his direct number at (786) 272-5841, calling the main office at (305) 461-1095, or Toll Free at 1 (866) 71-CLAIM or email Miami Attorney Gonzalez-Sirgo directly at [email protected] or by text at (305) 929-8935.
