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The elements of a tortious interference claim

On Behalf of | Jun 27, 2023 | Business Litigation

If you think your New York business has been wronged due to the malicious actions of another party, you may be able to pursue a tortious interference claim. However, in order to prevail, you must prove four elements:

Existence of a valid business relationship or expectancy

You need to demonstrate that the relationship between you and an existing partner was valid and valuable before any interference occurred. If you had an agreement, written or otherwise, it is important to bring that as evidence. For those without an agreement, you should be able to show the court that you had a reasonable expectation of entering into a beneficial relationship.

Intentional interference by a third party

You must prove that the interference was intentional and not accidental. If, for example, a competitor spreads false rumors about your product to undermine its popularity, then this could be a case of intentional interference.

Causation between the interference and damages

You must be able to demonstrate that there is a causal connection between the third party’s interference and any damages you incurred. For example, if it can be shown that sales of your product decreased due to the party’s malicious actions, then you may be able to prove causation.


Finally, you need to be able to prove that you suffered some sort of damage as a result of the interference. If you can demonstrate that your business lost money, customers, or reputation due to the other party’s actions, then you may be able to make a successful tortious interference claim.

Not everyone is cut out for a tortious interference claim, so it’s important to know the elements before attempting one. With the right knowledge and evidence, you can make sure your business is properly protected.