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Tortious Interference

Virginia Business Lawyer Elements Chart

Under Virginia law, there are different torts related to interference with (1) existing contract, (2) prospective contract, (3) business expectancies or economic advantage – collectively dubbed the “interference torts.”

Intentional Interference With Existing Contracts Not Terminable At Will The existence of a valid contractual relationship or business expectancy. Knowledge of the relationship of expectancy on the part of the interferer; Intentional interference inducing or causing a breach or termination of the relationship or expectancy; and resulting damage to the party whose relationship or expectancy has been disrupted.
Intentional Interference With Contracts Terminable At Will The existence of a valid contractual relationship or business expectancy Knowledge of the relationship of expectancy on the part of the interferer; Intentional interference inducing or causing a breach or termination of the relationship or expectancy; The interference by the interferer was done through improper methods resulting damage to the party whose relationship or expectancy has been disrupted.
Intentional Interference With Prospective Contract Existence of a contract expectancy; Knowledge of the expectancy; Intentional interference with the expectancy; Use of improper means or methods to interfere with the expectancy; and damage as a result of the disruption of the contract expectancy.
Intentional Interference With Prospective Business or Economic Advantage Existence of a business relationship or expectancy with a probability of future economic benefit to the plaintiff defendants knowledge of the relationship or expectancy reasonable certainty that, absent the defendants intentional misconduct, the plaintiff would have continued in the relationship or realized the expectancy; and damages from the interference. Two Additional Elements Under Virginia Law to Make a Prima Facie Case Competitive Relationship Between the Party Interfered With and the Interferer Contact By the Defendant With the Source of the Plaintiffs Business Expectations.