Previous Area of Practice
Thomas L. Gourde, as an experienced business attorney, has significant skill dealing with Business Interference California. For any business to effectively compete it should first establish a strong relationship with its employees, suppliers, contractors and customers. To do this some businesses execute a formal written contract to memorialize the terms of their relationship while other business relations are based on oral agreements. Contractual relationships outline expectations of mutual performance so that the parties involved will perform their obligations under the contract’s terms.
Business Interference California
Protection of these relationships from outside interference facilitates performance and helps stabilize commercial undertakings. Interference with contractual relations upsets expectations, destabilizes commercial affairs and increases the costs of doing business by involving competitors in disruptive squabbles or litigation.
It is not well known, however, the act of inducing a breach of contract (and causing interference) must be an intentional act. If the actor (defendant) had no knowledge of the existence of the contract, or his actions were not intended to induce a breach, he sometimes cannot be held liable even when an actual breach results from his acts. It is not enough that the actor intended to perform the acts that caused the result. He or she must have intended to cause the result itself.
Elements Of Business Interference California
Consequently, to prove tortious interference with business relationship, most jurisdictions require that the following elements be satisfied:
- A valid business relationship or business expectancy existed between the parties
- The defendant had knowledge of the relationship or expectancy
- The defendant intentionally coerced one of the parties to terminate the business relationship, breach a contract, or withhold a valid business expectancy
- The defendant was not authorized to interfere with the parties’ dealings
- The defendant’s interference resulted in damages to the plaintiff
Rather than wait until there is interference and then determine if these elements can be satisfied, businesses should be proactive and ensure that their contractual and commercial relationships are made in such a way that anyone interfering with them will be subject to liability. One important factor is that a claim for tortious interference with business expectancy does not require a contract to exist.
Nevertheless, virtually any contract, whether written or oral, qualifies for protection from unreasonable interference. If your company has experienced such interference, consult with a competent and experienced attorney. If you have any questions about possible business interference and your right to seek protection from it or damages in California, please contact Mr. Gourde at (949) 825-6525.
Here is an excellent article about Tortious Interference at Findlaw.com
