Tortious Interference with Prospective Advantage

Tortious Interference with Prospective Advantage

Tortious Interference with Prospective Advantage

The claim requires a reasonable probability of a business relationship, the defendant's knowledge, intentional interference by improper means, and resulting damages. No existing contract is required.

The improper means requirement is stricter than for contract interference.

Alternative Names:

Interference with Business Expectancy, Prospective Economic Advantage

Why it Matters?

The absence of a contract means courts require more culpable conduct, typically independently wrongful acts such as fraud, defamation, or statutory violation rather than merely aggressive competition. Speculative expectancies also fail, since a plaintiff must identify a specific relationship with a specific party rather than a general market opportunity. Both requirements make this claim substantially harder than contract interference.

Frequently asked questions

How does this differ from contract interference?

What defeats the claim?