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ARTICLE · 30 MAY 2022

What Is "tortious" Interference With A Prospective Economic Relationship?

"Tortious" interference with a prospective economic relationship occurs when a party improperly prevents two others from entering a contract or otherwise doing business together.

United StatesCorporate/Commercial Law

"Tortious" interference with a prospective economic relationship occurs when a party improperly prevents two others from entering a contract or otherwise doing business together. The claim has four elements. A plaintiff must show that: (1) the defendant interfered with the plaintiff's prospective economic relationship; (2) the plaintiff would have entered that economic relationship in the absence of the defendant's conduct; (3) the plaintiff was injured; and (4) the defendant acted with the sole purpose of harming the plaintiff or used "improper means." In most states, the phrase "improper means" generally refers to conduct that is independently unlawful.

Proving tortious interference with a prospective economic relationship is often more difficult than proving tortious interference with contract because courts are more protective of existing contracts than potential opportunities. Where a plaintiff can show a valid contract, the interference need not be

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