If someone or another business attempts to interfere with a relationship that you are entering into with another business or customer, or in fact diverts that relationship, you or your business may have a claim against that individual or business for intentional interference with a business expectancy–or interference with “prospective economic advantage.” In general, 4 elements must exist to prove this tort: (1) a reasonable expectancy of entering into a valid business relationship; (2) the defendant’s knowledge of the expectancy; (3) the defendant’s intentional and unjustified interference that prevents the realization of the business expectancy; and (4) damages resulting from the interference. See e.g. Chicago’s Pizza, Inc. v. Chicago’s Pizza Franchise Ltd. USA , 893 N.E.2d 981 (1st Dist. 2008). In fact, you need not even have an enforceable contract with the other business or customer–only the expectancy of entering into a relationship. See e.g. Mannion v. Stallings & Co., Inc., 204 Ill.App.3d 179, 561 N.E.2d 1134 (1st Dist. 1990). Competitors may have a right to compete; however, how that competition is carried out is the key analysis. These types of cases are extremely fact-specific; however, if you or your business feels another has intentionally and unjustifiably interfered with your relationship(s), call us to review the situation.
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