Florida Estate Planning Lawyer Blog

As a Jacksonville Business Lawyer, I often run up against cases which involve Tortious Interference with an Advantageous Right along with Claims for Beach of a Florida non-compete agreement and Tortious Interference with a Contractual Relationship. The elements of this cause of action are

1) Plaintiff has a business relationship, not necessarily evidenced by an enforceable contract;
2) Defendant's knowledge of the relationship;
3) Defendant's intentional and unjustifiably interfered with the relationship; and
4) Plaintiff suffered damages .

Tortious interference with a contract is virtually identical to the elements of a claim for tortious interference with a business relationship.

There are many defenses to Tortious Interference with an Advantageous Right. They include

1) Affirmative defenses
2) Statute of limitations - four years
3) Defendant is not liable where she did not "intentionally" interfere with plaintiff's business relationship.
4) Plaintiffs cannot establish a tortious interference claim by alleging that defendant interfered with an amorphous class of customers, but rather must establish the existence of a business relationship with "identifiable customers".
5) When the contract provision expressly reserves the right of interference.
6) Agent that gives, on request by his or her principal "honest advise" in his or her principal's best interest.
7) Plaintiff cant bring action against party of the contract at issue.
8 )Privileged or justified conduct does not give rise to Tortious interference claim.
9) Defendant acting to protect her own economic or financial interest is not liavle for tortious interference.
10) Plaintiff cannot premise claim on alleged interference with a contract that is terminable at will provided that interference is lawful competition.
11) Defendant's settlement of a lawsuit that adversely affects plaintiff's business interest does not give rise to Tortious interference claim.

If you feel that an employee has breached their Florida Non-Compete Agreement or has interfered with a contract between you and a client, you should discuss the facts and circumstances with a Florida Business Lawyer.