Tortious Interference Attorney in New Braunfels
Tortious Interference Lawyer in San Marcos, Seguin, and South Central Texas
In a competitive environment, tortious interference with an actual or potential contract is quite common. Sometimes, an individual or business brazenly moves between a customer and existing provider, in order to gain an unfair financial advantage. Other times, a business or person "wines and dines" the customer to the extent that the activity becomes illegal. Either way, if the plaintiff suffered injury because of the defendant's conduct, damages are substantial.
The experienced professionals at The Bettersworth Law Firm quickly recognize the signs of tortious interference, and if it exists, they take prompt and sustained action to uphold your legal and financial rights. Because of our knowledge in this area, we also provide an effective defense for those who were wrongly accused. No matter the situation, we know that you are not satisfied with anything less than the best possible outcome under the circumstances, and neither are we.
Tortious Interference with Actual Contract
Business relies on contractual obligations, and any disruption has significant consequences for your business and your family. In Texas, the elements of tortious interference are:
- Existing Contract: The agreement can be either written or verbal; the only requirement is that it be of such a nature that interference is possible.
- Willful or Intentional Interference: In other words, the contract's disruption must be part of the defendant's plan and not just collateral damage.
- Proximate Cause: This element relates to foreseeability; for example, it is foreseeable that a lower price will cause a customer will induce a customer to leave an existing provider.
- Actual Damage: Harm to a business reputation may not be enough; the plaintiff typically needs to show some economic loss.
Interference is only tortious when there is an existing contract. A competitive bid or counteroffer is not illegal, as long as it is not fraudulent.
Tortious Interference with Potential Contract
Essentially the same elements apply, but instead of an actual oral or written contract, there must be a "reasonable probability" that the plaintiff would have entered into a contractual relationship with the customer.
In both these cases, there must be evidence of intent. In other words, the jury cannot infer that the defendant intended to end the relationship between A and B simply because of its actions or inactions. In a similar vein, there must be more than willing participation.
Whether prosecuting or defending a claim, an experienced lawyer must always be aware of potential defenses, to prepare a proper response. Some potential arguments include:
- Lack of evidence,
- Legal justification, and
- Mistaken justification.
These defenses are available to either refute a liability claim or reduce the amount of damages that are legally due.
If you lost a contract due to the intentional illegal acts of someone else, protect your business and your family by contacting to The Bettersworth Law Firm today at 830-606-0404. Our main office is centrally located in New Braunfels.