As its name implies, tortious interference occurs when an individual attempts to interfere with an existing contract. Tortious interference with an existing contract is an actionable tort in Texas, meaning that the party whose interests were harmed may recover damages if he or she successfully proves that such interference occurred.
Proving Tortious Interference with an Existing Contract in Texas
Under Texas law, the following elements must be shown to recover damages for tortious interference with an existing contract:
- The existence of a contract subject to interference;
- A willful and intentional act of interference with such a contract;
- The interference alleged must have proximately caused the plaintiff’s injury; and
- The plaintiff must have suffered actual damages or loss due to such interference.
Defenses to Tortious Interference with an Existing Contract in Texas
If a defendant can prove that his or her alleged interference with an existing contract was justified under the law, then the plaintiff will be denied recovery under a tortious interference claim. In Texas, justification is considered an affirmative defense to tortious interference with an existing contract. Under Texas law, one of the following elements must be shown to successfully assert justification as a defense against a tortious interference claim:
- The defendant had the legal right to interfere with an existing contract; or
- The defendant demonstrated a good-faith claim to a legal right even if such a claim ultimately proves to be mistaken. In other words, a defendant can still establish justification as a defense against tortious interference with an existing contract if a trial court determines that the defendant interfered with such a contract under a good-faith assumption that he or she had the right to do so even if this assumption was incorrect.
Tortious Interference Legal Representation in Texas
Attorneys experienced in tortious interference litigation can assist with the recovery of damages for things such as:
- Punitive damages
- Economic loss
- Mental anguish
- Lost profits
Our experienced Texas commercial litigation attorneys have successfully litigated a number of tortious interference cases and are available to assist with the recovery of damages suffered due to the same. Therefore, if you or your organization have suffered damages due to tortious interference with an existing contract, please contact one of our experienced Texas tortious interference litigation attorneys immediately. A team of experienced Texas commercial litigation attorneys will provide legal counsel, keep you informed of your rights, and pursue recovery for any damages suffered based on interference with your existing contractual relationship. Our Texas attorneys have years of experience representing the victims of tortious interference, and our firm’s approach draws on our broad employment and complex commercial litigation experience to create an effective strategy that may include arbitration, mediation, or litigation. If you’ve been the victim of tortious interference with an existing contract, please contact Ajamie LLP at (713) 860-1600.