How To Prove Intentional Interference With Contract In Knoxville

Tennessee allows for a common law cause of action when there is an intentional interference with contract, also known as procurement of breach of contract or tortious interference. When a person or entity interferes in a contract with other parties, the injured party has a right to file a lawsuit against them. Like all lawsuits, though, in order to be successful with your case, you must prove different elements of your case. Below, our Knoxville commercial litigation attorney explains what these are.

A Legal Contract Existed Between the Plaintiff and Third Party 

Of course, in order for interference to occur, there must be a contract in place. The key is, however, that the contract must be legal. For example, if a contract contained vague or ambiguous language, the courts may deem it null and void, in which case it may be difficult to prove that interference occurred.

The Defendant Knew of the Contract 

You do not have to show that the defendant had knowledge of the terms of the contract. Still, you must show that the defendant knew of the contract. Case law has determined that when the defendant knew a contract existed, they had a duty to determine if certain actions would constitute a breach of the terms of the agreement.

The Defendant Acted Maliciously, or with Intent to Interfere 

The defendant must have had the intent to interfere with the existing contract. Although this sounds like a difficult element to prove, it does not necessarily mean that you must prove the defendant had ill will. If you can prove that the defendant acted for their own financial gain and without any intent of a potential contract, it can also help prove this element of your case.

There Must Have Been a Breach of Contract 

Just as it makes sense that a legal contract must be in place, it also makes sense that a breach must have occurred. For example, if a contract stipulates that services are to be delivered in a certain manner and they are not, that constitutes a breach of contract. Essentially, you must show the specific action that breached the contract.

The Defendant’s Actions Must Have Caused the Breach 

A breach of contract, unfortunately, is not enough to constitute interference with contract. A breach of contract can be grounds for another type of lawsuit but in order to show interference, you must prove the actions of the defendant were responsible for the breach.

You Must Have Suffered Losses as a Result 

Commercial litigation lawsuits are filed to provide a remedy for plaintiffs who have suffered losses due to another person’s actions. If you have not suffered losses, or damages, you cannot file a lawsuit because there is nothing to recover.

Our Commercial Litigation Attorney in Knoxville Can Prove Your Case 

At Atkins Brezina, PLLC, our experienced Knoxville commercial litigation attorney knows how to prove your case so you obtain the maximum damages you are entitled to. Call us now at 865-500-3121 or connect with us online to schedule a free consultation with our attorney.

Source:

law.justia.com/codes/tennessee/2010/title-47/chapter-50/47-50-109/