Tortious interference transpires when one party interferes with a beneficial business relationship of a different party, causing economic impairment. It is necessary to recognize that this must be a deliberate act, proving it can be challenging.
It is reasonable to negotiate with the interfering individual to see if the conflict can be resolved to your content without the expense and time required to go to court.
Tortious interference, also recognized as intentional interference with contractual relationships, in the general law of torts, happens when one person intentionally degrades someone else’s contractual or trade associations with a third party, causing economic harm. As an illustration, someone could use blackmail to convince a contractor to violate a contract. They could frighten a supplier into preventing them from supplying goods or services to another party, or they could obstruct someone’s ability to honor a contract with a client by deliberately refusing to deliver necessary goods.
However, a few provisions must be met to ascertain that someone has meddled with your business association:
- There was an authorized business relationship.
- The accused apprehended about the business relationship.
- The accused deliberately and without justification interfered with your business relationship with the other party, business, client, or customer.
- The interference caused economic harm to your business.
An advertising drive is not tortious interference. To determine tortious interference with a business relationship, the offender must have prevented with an original, known client or customer, or at least with a solidly available business prospect. The uncertain possibility of revealing a future business association with someone in society is generally not enough. Interference with a contract between two bodies by a third party has been ignored by most jurisdictions, as courts, as well as the public at large, remain aloof regarding the tort of Tortious Interference in contractual matters.
A tort is a civil offense and is perceived to violate a right you would expect to start, being a part of a civilized community. As such, torts do not find solutions in legislations across the world but have been revealed and understood over time through the constitution. As the country’s understanding of rights and obligations, vis-à-vis its taxpayers, grow, the responsibilities that one bears to another have been observed to be extrapolated, distinguished, refined, and given the sheath cover of “torts.”
The tort is intentional when the alleged harm, loss, or injury caused is deliberate, and the party causing such damage preempted the results thereof. On the other hand, it is unconcerned when a party violates the care and duty it ought to have traditionally exercised. The following perspectives are deemed crucial when considering a case for Tortious Interference:
- a current and valid contractual relationship among two parties;
- data by a third party of the pre-existing contractual association between two parties;
- unjustified deliberate interference by the third party with the contractual relationship; and
- harm to the contractual relationship or either body due to such intrusion.
The most compelling aspect of the tort is influencing the breach of a contract considering an offense of Tortious Interference is only given if there is an intentional and conscious act of stimulus by a third party to generate a breach by one of the defendants to the contract. It must be determined that the conduct was intentional, thoughtful, and with such intention that the breach/termination/repudiation of the agreement was the likely outcome.
The law on torts is nonactionable in India and therefore lesser recognized by the public at large. For this reason, we find lesser jurisprudence on tortious liability in India in the form of precedence or literature. However, with the business environment in India being predatory, it is essential that a robust and comprehensive law relating to economic torts is promulgated, recognizing that contractual obligations are holy and cannot be skewed to a party’s advantage.