Tortious Interference with Contracts

Tortious interference with contracts is a common issue in Illinois commercial litigation, occurring when a third party intentionally disrupts or hinders the performance of a contractual relationship between two other parties. This page explores the key elements of tortious interference with contracts, the requirements for establishing liability under Illinois law, and the legal process involved in pursuing a claim for tortious interference in the context of commercial litigation.

Tortious Interference with Contracts in Illinois Commercial Litigation

Under Illinois law, a claim for tortious interference with contracts requires the plaintiff to prove the following elements:

1. The existence of a valid and enforceable contract between the plaintiff and another party.

2. The defendant's knowledge of the contract.

3. The defendant's intentional and unjustified inducement of a breach of the contract.

4. Actual breach of the contract caused by the defendant's wrongful conduct.

5. Damages suffered by the plaintiff as a result of the breach.

Handling Tortious Interference Claims:

When a client believes they have been the victim of tortious interference, an attorney should:

1. Gather evidence: Collect relevant contracts, communications, and financial records demonstrating the defendant's knowledge of the contract, intent to interfere, and the resulting damages.

2. Assess the claim: Evaluate the strengths and weaknesses of the case, considering potential defenses such as the defendant's legitimate business interests or the exercise of legal rights.

3. Develop a strategy: Determine the most effective approach to pursuing the claim, whether through negotiation, mediation, or litigation.

4. Draft and file a complaint: If litigation is necessary, prepare a complaint detailing the defendant's intentional interference and the damages suffered by the client.

5. Engage in discovery: Exchange relevant documents and conduct depositions to gather evidence supporting the client's claim.

6. Negotiate or litigate: Attempt to reach a settlement through negotiation or mediation, or proceed to trial if necessary.

Damages and Remedies:

Successful plaintiffs in tortious interference cases may be entitled to compensatory damages, punitive damages (in cases of egregious or malicious conduct), and injunctive relief to prevent further interference or remedy the harm caused by the defendant's actions.

Legal Process for Tortious Interference Litigation:

1. Initial Consultation: The lawyer meets with the client to discuss the details of the alleged tortious interference, review supporting evidence, and assess the viability of a legal claim.

2. Complaint Filing: The lawyer drafts and files a complaint on behalf of the client, detailing the defendant's intentional interference with the contract and the resulting damages suffered by the client.

3. Service of Process: The defendant is formally notified of the lawsuit through service of process, which includes providing them with a copy of the complaint and summons.

4. Response and Discovery: The defendant files a response to the complaint, and both parties engage in discovery, exchanging relevant documents and conducting depositions to gather evidence supporting their respective positions.

5. Pre-Trial Motions and Settlement: The lawyer may file pre-trial motions to address legal issues or seek summary judgment. Settlement negotiations may also occur during this stage.

6. Trial and Appeal: If no settlement is reached, the case proceeds to trial, where a judge or jury determines the outcome. If either party is unsatisfied with the result, they may file an appeal to a higher court.