Unfair Business Practices and Competition

At Roth Law Group, our attorneys have successfully brought claims on behalf of our business clients under circumstances in which a competing business has interfered with a contract or business relationship to which it was not a party. When such interference occurs, an aggrieved business may file a claim against an offending business under theories of tortious interference with contract or tortious interference with business expectancy. Tortious interference is different than a standard breach of contract action as it is filed against a third party to a business relationship. The elements of the claim differ depending on whether or not a contract exists.

Tortious interference with contract requires: 1) a valid and enforceable contract; 2) defendant’s knowledge of the contract as it relates to the plaintiff and another party; 3) defendant’s intentional and unjustifiable inducement of breach of the contract; 4) an actual breach by the other party to the contract; and 5) damages to the plaintiff.

Tortious interference with business expectancy does not require the existence of a contract. This cause of action requires: a reasonable expectancy of entering a business relationship; 2) defendant’s knowledge of the expectancy; 3) defendant’s intentional and unjustified interference which causes termination of the expectancy; and 4) damages to the plaintiff caused by defendant’s interference.

Let the attorneys at Roth Law Group help you evaluate your potential claim against a third party who has damaged your business relationship by calling 313-419-9599 for a free consultation.