What do I need to show, to prove someone knows they are interfering with my business?

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What do I need to show, to prove someone knows they are interfering with my business?

Switching gears a bit from fraud is the cause of action for “tortious” interference with existing contract. The general elements of such cause of action are as follows:

  • A valid contract
  • 2) that the Defendant willfully and intentionally interfered with,
  • 3) proximately causing injury to Plaintiff and
  • 4) the Plaintiff incurred actual damage or loss.

The Plaintiff, obviously, must show it had a valid contract, not some other contract such as an unenforceable contract, or a terminable contract. The Plaintiff will plead and prove that the Defendant willfully and intentionally interfered with that contract. Browning v. Reyna 865 SW2d 925 (Tex. 1993). The Defendant may try to defend that he is a stranger to the contract, as the Defendant cannot tortiously interfere with its own contract. In these collection matters, the creditor or factor will establish that the Defendant either had actual knowledge of the contract, and that the Plaintiff was interested in it, or, the Defendant has knowledge of certain facts and circumstances that would lead a reasonably prudent person to believe there was a contract in which the creditor had an interest. In proving the Defendant’s interference with the contract, the Plaintiff will need to establish that such Defendant’s interference was intentional. Such interference does not necessarily require an intent to injure Plaintiff but it does require an intent to interfere. Greenville v. Automatic 465 SW3d 778 (Dallas 2015). A Defendant may be held liable if it is shown that such Defendant intentionally induced a third party to breach a contract with a creditor, or that the Defendant prevented performance by Defendant, by making the performance impossible, or more burdensome, difficult, or expensive. In this situation, the creditor in a tortious interference claim can recover damages for lost benefits under the contract, its lost profits, which must be proved by the creditor, as not a precise calculation of anticipated profits, but lost profits must be proved with reasonable certainty. Browning, above at p. 549. In certain cases, a Plaintiff can also recover exemplary damages, but not attorney’s fees. Plaintiff’s attorney should take enough time with his client, to show the Court, that the anticipated amount of lost profits is capable of being reasonably easy to calculate, not just speculation.

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If you have any questions about business disparagement or need help with business debt collections in Dallas Texas, We Can Help – Give Us a Call:  214-752-8800 or Email Us: sam@samemerick.com

*The foregoing is not intended to provide specific legal advice, but instead only as a generalized discussion

Sam Emerick, Collections Attorney

Sam Emerick has over 35 years
experience in Commercial Collections Law,
Factoring Litigation and Wills, Trusts & Probate

By |2017-06-07T18:50:55+00:00June 7th, 2017|Collections, Texas law|Comments Off on What do I need to show, to prove someone knows they are interfering with my business?

About the Author:

Mr. Emerick, a seasoned collection lawyer in Dallas, and owner of the Law Offices of Sam Emerick, P.C. helps creditors obtain payments on loans and debts. Mr. Emerick delivers prompt, efficient and tangible results to creditors. The Law Offices of Sam Emerick help creditors who are frustrated attempting to collect debt. Many times, creditors believe that they will be able to resolve the problem on their own; a letter requesting payment, a phone call asking for an explanation, or a proposed meeting. Unfortunately, these measures rarely produce any tangible results.