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Tortious Interference

Phoenix Tortious Interference Lawyers Protect Important Business Relationships

Arizona litigators help companies take on third parties who threaten agreements

All businesses depend on maintaining relationships with customers, suppliers, key agents and other businesses. While companies have many legitimate ways to gain an advantage on the competition, illegally impeding the relationship between other businesses is referred to as tortious interference. If you are an Arizona business, the Law Offices of Donald W. Hudspeth P.C. has the experience, knowledge and legal skills to advise you on where the line falls. If you believe you’ve been victimized by tortious interference or have been accused of this type of improper behavior, we can help.

What is tortious interference?

Tortious interference occurs when a third party disrupts an existing or prospective business relationship between two or more other parties. This usually involves causing one of these parties to stop dealing with the other. There are two types of tortious interference:

  • Tortious interference with a contract — This occurs when one wrongfully interferes with an existing contract without a legitimate interest in doing so. For example, a large business might force a supplier to break a deal with a smaller competitor.
  • Tortious interference with a business expectancy — This occurs when one wrongfully interferes with someone else’s potential source of business or financial gain without a legitimate interest in doing so.

These are causes of action that the injured party may bring against the interfering party in court. We can assess whether the facts give rise to a valid tortious interference claim and take action to protect your rights through negotiations or litigation.

What are the elements of tortious interference with a contract?

In order to win a cause of action for tortious interference with a contract, a plaintiff must prove all of the following:

  • There is a valid contract between their business and another person or business
  • The defendant knew the contract existed
  • The defendant wrongfully interfered with that contractual relationship by unlawful means
  • The plaintiff suffered harm as a result

If we represent you in a claim where tortious interference with a contract is alleged, we will investigate the case thoroughly and present a detailed argument to demonstrate whether those elements exist.

What are the elements of tortious interference with a business expectancy?

In order to win a case for tortious interference with a contract, a company must prove all of the following:

  • Plaintiff’s business had an expectation of establishing a relationship with another person or entity. This must be more than a mere hope.
  • The defendant knew of that business expectation
  • The defendant wrongfully interfered with it
  • Plaintiff suffered harm as a result

As we do in a claim for tortious interference with a contract, we gather the necessary to help prove or refute liability.

How do we prove that the interference is improper?

Whether the defendant’s interference is wrongful depends on a number of factors:

  • The nature of the conduct
  • The defendant’s motivations
  • The interests with which the defendant interferes
  • The defendant’s interests in taking the actions
  • The balance of social interests between protecting the defendant’s freedom of action and the plaintiff’s contractual relationship or business expectancy
  • How direct or indirect was the impact of the defendant’s actions on the relationship or expectation
  • The extent of the existing or anticipated relationship between the parties

From our first meeting, we will review the circumstances and evaluate whether they might justify a tort remedy based on these factors.

Contact a dedicated Phoenix tortious interference law firm

The Law Offices of Donald W. Hudspeth P.C. takes a practical approach to litigating tortious interference cases. To schedule a consultation, call our Phoenix firm today at 866-696-2033 or contact us online.

Donald W. Hudspeth Attorney Photo
Donald W. Hudspeth
Principal Attorney

Attorney Donald W. Hudspeth has more than twenty years’ experience practicing corporate and business law. Before attending law school, Mr. Hudspeth held a stock brokers license at the age of 21 and owned his own business at the age of 23. He was a business law professor at Arizona State University, West Campus, and has conducted classes and seminars for a number of higher institutions and organizations. Mr. Hudspeth has published two books on law and is the founder of the radio programs Law on the Edge and Law Talk.

Mark S. Hamilton Attorney Photo
Mark S. Hamilton
Attorney

About Attorney Mark S. Hamilton has experience handling all aspects of civil and commercial litigation in federal, state, and tribal courts at the trial and appellate levels. Practice Areas Business litigation Commercial litigation Education University Of Hawaii Wm. S. Richardson School Of Law, Juris Doctor - 2002 University Of Hawaii, Master Of Arts in Asian…

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    2020 issue of AZ Business Leaders

Our firm now offers a scholarship program for ASU first and second year law students.

The scholarship is awarded to students for academic merit with an interest in business and business law. Candidates may have majored in fields other than business, have taken a break between college and law school, or have had exceptional life experiences.

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