Conducting business often involves entering into multiple contracts and parties completing tasks to meet the terms of these agreements. Those entering into these agreements usually do so after careful negotiations and evaluation. If another party’s actions disrupt the contract, those impacted may have a tortious interference claim. In this situation, it’s important that understand the claim and any available defenses. Here is more on defending against a Florida tortious interference of contract claim.
What is a Florida Tortious Interference of Contract Claim?
When parties enter into a legally-binding agreement in Florida, they are afforded certain protections under the law. The primary concern is usually breach. If one or both parties breach a contract, the injured party may be able to pursue legal recourse in a Florida court. There may also be available remedies when someone outside the contract interferes with its performance. In these circumstances, the injured party may be able to raise a tortious interference of contract claim.
Florida Law provides that a tortious interference of contract claim involves:
- A valid contract
- Evidence that another was aware of the valid contract and intended to interfere with its performance
- Evidence that the interfering party did something to disrupt the contract
- Absence of legal justification for the interference or breach.
- Evidence, the injured party suffered damages.
Defending Against a Tortious Interference of Contract Claim
If you have been accused of disrupting a contract, you should contact an experienced Florida business attorney as soon as possible. You and your Florida business lawyer can help you review the claim and required elements and discuss your options.
The first issue you will need to examine is whether the relevant contract was valid and enforceable. For example, you may be accused of disrupting an agreement that did not involve consideration, or that was made verbally when it should have been in writing. If the contract at issue was not valid, there may not be a tortious interference claim.
Next, you will want to consider whether there is evidence that you had the requisite knowledge and intent. If the accusing party cannot show you were aware of the contract and intended to disrupt its performance, there may not be a claim.
Another issue to evaluate is damages. When there has been tortious interference of contract, the claimant must be able to prove they were harmed. If there has been interference without established damages, there may not be a remedy for the claimant.
How to Defend Against a Tortious Interference of Contract Claim
Someone accused of tortious interference of contract may be able to defend themselves by asserting the following:
- The contract was not operable at the time of the alleged interference
- There would have been a breach without the alleged interference
- They were unaware of the contract
- They did not intend to interfere with the contract
- The “interference” never happened
- There was legal justification for the interference
Being accused of tortious interference with a contract can have significant consequences. Therefore, if you have been accused of tortious contract interference, you should contact an experienced Florida business attorney as soon as possible to discuss your case.
Contact an Experienced Florida Business Lawyer
Attorney Richard Sierra at the Florida Small Business Legal Center assists clients like you with commercial leasing, business, and litigation matters. As always, Our Goal Is to Help You Succeed™. For an appointment, you may call us at 1-866-842-5202 or use the contact form on our website. We represent clients throughout the State of Florida, including Coral Springs, Coconut Creek, Boca Raton, Delray Beach, Pompano Beach, Sunrise, Fort Lauderdale, Miami, West Palm Beach, Jupiter, Deerfield Beach, Stuart, Port St. Lucie, Orlando, Naples, Fort Myers, Sarasota, Tampa, and surrounding communities.