In Florida, business relationships and contractual rights are legally protected from improper interference by third parties. If someone intentionally disrupts your existing contract or a prospective business deal, you may have a claim for tortious interference with a contractual relationship or tortious interference with a business relationship or economic expectancy. These are powerful tools under Florida law to hold wrongdoers accountable for economic harm.
What Is Tortious Interference?
Tortious interference occurs when a third party unlawfully disrupts a contractual or advantageous business relationship, causing financial loss. Florida recognizes two types:
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Tortious Interference with a Contractual Relationship – interference with an existing, enforceable contract.
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Tortious Interference with a Business Relationship or Economic Expectancy – interference with a prospective relationship or expectation of future economic benefit, even if no formal contract exists.
Elements of Tortious Interference in Florida
To prevail on a tortious interference claim in Florida, the plaintiff must prove:
For Interference with Contract:
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A valid contract existed.
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The defendant knew about the contract.
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The defendant intentionally and unjustifiably interfered with the contract.
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The interference caused damage to the plaintiff.
For Interference with Economic Expectancy:
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A business relationship or legitimate economic expectancy existed (not necessarily a formal contract).
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The defendant had knowledge of this relationship or expectancy.
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The defendant intentionally and unjustifiably interfered with it.
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The plaintiff suffered damages as a result.
The burden is on the plaintiff to prove that the interference was both intentional and unjustified.
What Constitutes Improper Interference?
Not all interference is actionable. A defendant must have used improper methods, such as:
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Fraud or misrepresentation
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Threats or coercion
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Defamation
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Unfair competition
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Inducing a breach of contract without a valid justification
If a competitor simply engages in aggressive, but lawful, business practices, that may not rise to the level of tortious interference.
Common Examples
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A former employee lures clients away from their previous employer using confidential information.
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A rival business pressures a supplier to cancel its exclusive distribution agreement with a competitor.
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A third party falsely tells one party that the other has defaulted, causing the termination of a deal.
Defenses to Tortious Interference
Defendants can raise several defenses, including:
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Justification or Privilege: If the interference was lawful or based on a legitimate business interest (e.g., competition or protecting one’s own legal rights).
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Lack of Knowledge: The defendant did not know about the contract or business relationship.
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No Improper Conduct: The interference was not done using wrongful means.
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No Actual Damages: The plaintiff cannot prove financial harm.
Florida courts closely scrutinize these cases, especially claims involving economic expectancies, which require a clear showing of a near-certain business opportunity—not mere speculation.
Remedies for Tortious Interference
If successful, a plaintiff may recover:
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Compensatory damages (lost profits, lost opportunities)
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Punitive damages (if malice or egregious conduct is proven)
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Injunctive relief (to stop ongoing interference)
When to Speak to a Florida Business Litigation Attorney
Tortious interference cases are fact-intensive and legally complex. Whether you're a business owner harmed by wrongful interference or a defendant facing such a claim, experienced legal counsel is crucial. A Florida business litigation attorney can help you build or defend your case and protect your economic interests.
Conclusion
Florida law provides a remedy when third parties intentionally disrupt existing contracts or legitimate business relationships. However, these claims require specific proof and careful legal strategy. If you believe you have been the victim of tortious interference—or are defending against such a claim—contact a knowledgeable Florida business litigation attorney to evaluate your rights and options.
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 jp@yourattorneys.com or by text at (305) 929-8935.
