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  • Jeff Vail vail-law.com

Intentional Interference with Prospective Business Relationship

This article is part of Vail Law’s open-source litigation and legal risk management checklist. Connect with me on LinkedIn.

The tort of intentional interference with prospective business relationship is very similar to the tort of intentional interference with contact, but of course differs in that it can occur before a contact is fully formed and entered into.


The elements of intentional interference with prospective business relationship are:


(1) The plaintiff has a prospective business relationship or contract with another party;

(2) The defendant knew or should have known of such prospective relationship or contract’s existence;

(3) The defendant intentionally induced the other party not to enter into or finalize the prospective business relationship or contract; and

(4) The defendant’s actions caused plaintiff damages.


Tesone v. Empire Mktg. Strategies, Case No. 17-cv-02101-MEH, at *4-5 (D. Colo. Feb. 12, 2018).


Accordingly, the tort of intentional interference with prospective business relationship is often a valuable back-stop to plead in addition to intentional interference with contract, as it remains valid even if the underlying contract was not finalized (or may be otherwise invalid).


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