This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
Tortious Interference For In Virginia
Category:
State:
Multi-State
Control #:
US-000303
Format:
Word;
Rich Text
Instant download
Description
Free preview
Form popularity
FAQ
Proving tortious interference in court is complicated. It is a complex legal issue that requires a great deal of evidence. Your best recourse is to have a business attorney who specializes in tort and contract law. Proving the legal elements of tortious interference takes experience in commercial litigation.
Generally, a defendant's actions may be justified or privileged in defense to a claim of tortious interference if the defendant acts in a bona fide exercise of its own rights or possesses an equal or superior interest to that of the plaintiff in the subject matter.
The elements for intentional interference with prospective economic advantage are: (1) an economic relationship between the plaintiff and some third party, with the probability of future economic benefit to the plaintiff, (2) the defendant's knowledge of the relationship, (3) intentional acts on the part of the ...
Intent on the defendant's part to disrupt the economic relationship, or knowledge that disruption was likely because of their conduct; Disruption of the relationship; Harm to the plaintiff; and. A causal connection between the wrongful act and the harm.
However, both California contract law and tort law allow for legal action when a third party wrongfully interferes with a contract or ongoing business relationship to the detriment of the affected party. This type of action falls under the general label of tortious interference.
In Dunlap v. Cottman Transmission Sys., LLC, the court outlined the four elements of tortious interference with contract rights (existence of the contract, defendant's knowledge of the existence of the contract, intentional interference causing a breach of the contract, and resultant damages from the breach).
The requisite elements of tortious interference with contract claim are: (1) the existence of a valid and enforceable contract between plaintiff and another; (2) defendant's awareness of the contractual relationship; (3) defendant's intentional and unjustified inducement of a breach of the contract; (4) a subsequent ...
If a non-contracting person wrongfully interferes with your business relationships (handshake or formal agreement), with an intent to cause economic harm, you may have tortious interference claims against the person.
More info
A plaintiff can bring a claim for tortious interference when a third party (the defendant) has interfered with an existing contract. A claim for tortious interference arises when (a) there is a valid contract or business expectancy between the plaintiff and a party other than the defendant.The term "tortious interference" is used in cases where a third party interferes with a plaintiff's contractual or business relationships. This tort is also commonly referred to as tortious interference with contract expectancy, prospective business relationship, or economic advantage. Interference with contracts or business expectancy requires proof of intent to interferere and resulting damage says personal injury lawyer Brien Roche. Virginia does recognize a legal cause of action for improper interference with an anticipated business contract. In a contract case, this means showing both interference and a wrongful act. In 2012, Virginia's Supreme Court ruled in a case, Wyatt v. A contractor claiming tortious interference actually has two separate claims.