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?

How does this differ from contract interference?

No contract is required, but courts demand more culpable conduct, typically independently wrongful acts rather than aggressive competition.

What defeats the claim?

What defeats the claim?

A speculative expectancy, since the plaintiff must identify a specific probable relationship rather than a general market opportunity.