Business litigation in New Mexico can involve a wide range of issues, including tortious interference claims. Generally speaking, tortious interference can involve a third party’s interference with a prospective or an existing contract, and it may be possible for your business to seek compensation and other potential remedies when this happens. If another party has attempted to interfere with a prospective business deal or an existing agreement you have with an employee or a client, it may be possible to file a civil claim for tortious interference, and our Santa Fe business litigation lawyers can help. In the meantime, the following are some of the key things your business should know if it plans to file a tortious interference claim in New Mexico.
Tortious Interference Can Occur with a Prospective or Existing Business Agreement
Like we noted above, you should be aware that you may be able to bring a tortious interference claim if a third party interferes with either a prospective business agreement or an existing contract. For example, if another party interferes with a bid you have made on a project (a prospective agreement), or another party convinces a client to cancel their contract with your business (an existing agreement), it may be possible to move forward with a tortious interference claim.
Plaintiff Has the Burden of Proof in a Tortious Interference Claim
If you believe a third party has cost your business income or profits due to tortious interference, it is important to know that you, as the plaintiff, will have the burden of proving tortious interference with a prospective contract or existing contractual relations. The general elements that a plaintiff must be able to prove in order to win a tortious interference claim, according to the Cornell Legal Information Institute (LII), include the following:
- Contract existed or plaintiff expected to establish a contractual business relationship with a third party;
- Defendant had knowledge of the existing contract or prospective contract;
- Defendant acted intentionally and improperly to interfere with the existing or prospective contract; and
- Your business was legally injured by the defendant’s intentional actions.
Under New Mexico law, a plaintiff can win a tortious interference claim even if the defendant’s behavior does not completely interfere with a prospective or existing contract if the defendant’s behavior “cause[s] the plaintiff’s performance to be more expensive or burdensome.”
You May be Eligible for Monetary Compensation
If another party engaged in intentional behavior that interfered with a prospective or existing contract and your business lost money as a result, or your business had to expend additional time and money, you could be eligible to obtain financial compensation. In most tortious interference claims in Santa Fe, monetary compensation for losses is a common remedy, although you also may be entitled to additional remedies.
Contact a Business Litigation Attorney in Santa Fe
If you have questions about filing a tortious interference claim in order to seek compensation for your business losses, one of our experienced business litigation lawyers in Santa Fe can speak with you today about your case. Contact Slate Stern Law for more information about the services we provide to businesses in New Mexico.