Question 1

What is tortious interference with a contract in Florida?

Accepted Answer

FL tortious interference with contract: a third party intentionally induces a party to breach an existing contract. Elements: a valid contract existed between the plaintiff and a third party, the defendant knew of the contract, the defendant intentionally induced the breach (or caused the breach through improper means), the third party actually breached the contract, and the plaintiff suffered damages as a result. Key distinction: unlike interference with a business relationship, interference with a contract requires an existing, enforceable contract (not just a prospective relationship).

Question 2

What constitutes inducing a breach of contract in Florida?

Accepted Answer

Inducement: the defendant’s conduct must actively cause or encourage the breach. Examples: persuading a key employee to leave and join the defendant’s company (in violation of a non-compete agreement), offering a customer a better deal to break their existing contract with the plaintiff, threatening a supplier to stop doing business with the plaintiff, and spreading false information about the plaintiff to convince a third party to breach. Not inducement: providing truthful information about the plaintiff (truth is a defense), advising a party about their legal rights (an attorney advising a client that they have grounds to terminate is not tortious), and legitimate competitive activity.

Question 3

What remedies are available for tortious interference with a contract in Florida?

Accepted Answer

Remedies: compensatory damages (the profits lost due to the breach, the cost of finding substitute performance, and any consequential damages), punitive damages (available in cases of willful and malicious interference: the defendant acted with the specific intent to harm the plaintiff), injunctive relief (the court orders the defendant to stop the interfering conduct), and attorney fees (not generally available in tort actions in FL unless authorized by statute). The plaintiff: can recover from the interfering third party even if the breaching party is also liable for the breach.

Tortious Interference with Contract

Tortious Interference with Contract in Florida

Elements

What Constitutes

Remedies

Related Terms

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