Cause of Action for Tortious Interference with a Business Relationship

Posted by David Adelstein on June 11, 2017
Trial Perspectives

Business relationships are important.  It is all about relationships in all walks of life!  What if someone interferes with your business relationship?  What if that interference is intentional or unjustifiable?

There is a cause of action known as tortious interference with a business relationship. Monco Enterprises, Inc. v. Ziebart Corp., 673 So.2d 491 (Fla. 1st DCA 1996) (“Tort liability for interference with prospective contractual relationships is generally recognized.”)

A plaintiff asserting this cause of action must PROVE the following elements:

(1) The existence of a business relationship;

(2) The defendant had knowledge of the business relationship;

(3) The defendant intentionally and unjustifiably interfered with the business relationship; and

(4) The plaintiff has been damaged as the result of the intentional and unjustifiable interference.

Southeastern Integrated Medical, P.L. v. North Florida Women’s Physicians, P.A., 50 So.3d 21, 23 (Fla. 1st DCA 2010); Harllee v. Professional Service Industries, Inc., 619 So.2d 298, 299-300 (Fla. 3d DCA 1992).

An action for tortious interference with a prospective business relationship requires a business relationship evidenced by an actual and identifiable understanding or agreement which in all probability would have been completed if the defendant had not interfered.” ISS Cleaning Services Group, Inc. v. Cosby, 745 So.2d 460, 462 (Fla. 4th DCA 1999).  

The claim requires a tortious interference with present or prospective customers or relationships and not the community at large; for this reason, the claim requires an “actual and identifiable understanding or agreement which in all probability would have been completed if the defendant had not interfered. Ethan Allen, Inc. v. Georgetown Manor, Inc., 647 So.2d 812, 814 (Fla. 1994); see also Ferguson Transp., Inc. v. North American Van Lines, Inc., 687 So.2d 821 (Fla. 1996) (plaintiff must prove business relationship with identifiable customers to support claim for tortious interference with a business relationship).

 

Please contact David Adelstein at dadelstein@gmail.com or (954) 361-4720 if you have questions or would like more information regarding this article. You can follow David Adelstein on Twitter @DavidAdelstein1.

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