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Tortious Interference
Tortious Interference Attorney in Arizona
When someone deliberately induces another party to break a contract with you, or blows up a business relationship that was about to happen, Arizona law gives you a real claim against them.
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What Are the Elements of a Tortious Interference Claim in Arizona?
Quick answer: Generally, you must show a valid contract or business expectancy existed, the defendant knew about it, the defendant intentionally and improperly interfered causing a breach or termination, and you suffered damages as a result. The interference has to be improper, not just any competitive conduct that happens to affect your business relationships.
On This Page
Two Related Claims: Contract vs. Business Expectancy
Tortious interference with contract applies when an existing, valid contract was disrupted. Tortious interference with business expectancy applies more broadly, to a reasonable expectation of a future business relationship or economic advantage, even without a signed contract yet in place.
Awards & Recognition
Founding Partners Michael Tamou and Simon Touma’s business litigation litigation work has been independently recognized, earned, never purchased.
What Makes Interference ‘Improper’
Not all interference is wrongful, aggressive competition for a customer or business opportunity is generally lawful. Arizona courts look at factors like the interferer’s motive, the means used, and whether they had a legitimate competing interest to determine whether interference crosses the line into wrongful conduct.
Common Scenarios
A competitor inducing your employee to violate a non-compete, a business partner convincing a client to breach their contract with you and switch to a rival, or someone spreading false information specifically to cause a deal to fall through are common tortious interference scenarios.
The Privilege Defense
Certain parties, such as those with a legitimate financial or business interest in the relationship, may have a qualified privilege to interfere in specific circumstances, this is a common and important defense that a well-built case needs to anticipate.
Proving Damages
Damages generally need to be tied directly to the interference, lost profits from the disrupted contract or relationship, the value of a lost business opportunity, and in some cases, damage to business reputation.
Someone interfered with your business relationship in Arizona? Talk to our litigation team before you respond.
Call 602-932-6010How These Disputes Get Resolved
Litigation Strategy
How These Cases Get Defended, and How We Counter Them
Privilege or legitimate interest: the other party claims a lawful business reason for their conduct.
No valid contract or expectancy existed: disputing whether a real relationship was actually disrupted.
Lack of improper means: arguing the conduct was ordinary, lawful competition.
No causation: arguing the contract or deal would have fallen through regardless.
Common Questions
Tortious Interference Attorney in Arizona FAQs
Is it illegal for a competitor to try to win my customer’s business?
No, ordinary competition is lawful. A tortious interference claim requires improper conduct, not just losing a customer to a competitor.
Do I need a signed contract to bring this claim?
Not necessarily, tortious interference with business expectancy can apply to a reasonable expectation of a future relationship, even without a signed agreement yet.
What if the person who interfered claims they had a legitimate business reason?
This is a common defense (privilege), whether it actually applies depends on the specific facts and their actual interest in the relationship.
How long do I have to file a tortious interference claim in Arizona?
These claims are generally subject to a two-year statute of limitations, consult an attorney promptly to confirm the specific deadline for your situation.
Can I sue an employee who left to work for a competitor?
It depends on the facts, ordinary job changes are lawful, but inducing a breach of a valid non-compete or misusing confidential information is different.
Key Takeaways
- Tortious interference can apply to an existing contract or just a reasonable business expectancy.
- Ordinary, lawful competition is not tortious interference, the conduct must be improper.
- Privilege is a common defense for parties with a legitimate interest in the relationship.
- Damages need to be directly tied to the interference, not just general business losses.
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Arizona Litigation Group · Phoenix Office
The information on this page is for general informational purposes only and is not legal advice. No attorney-client relationship is formed by reading this page or submitting a contact form. Past results do not guarantee a similar outcome.
