In business litigation in New Mexico, there are many different types of disputes that can arise between and among businesses, including claims involving interference. Sometimes these claims are known as “interference with prospective business,” or “interference with prospective contracts” when another party interferes with your company’s ability to close a deal or to sign a new client or customer. Other terms that are used to describe this type of claim include “interference with prospective economic relations” and sometimes, “interference with prospective business advantage.” Interference claims can also involve interference with an existing relationship, in which case the claim might be described as “interference with contractual relations.”
If you believe another party has interfered in prospective business for your company or has interfered in an existing business relationship, how can you determine if you have a claim? In short, you should have a Santa Fe business litigation lawyer assess your circumstances and the issues in your case. In the meantime, our firm can provide you with some basic information for determining whether you may have an interference claim.
Was the Potential Interference With a Prospective or Current Business Relationship?
First, you will need to determine whether the potential interference has affected a prospective business relationship or an existing or current business relationship. The elements of the claim will differ depending upon whether the interference was with a prospective or current business relationship.
Did You Have a Business Relationship and a Reason to Believe that There Could Be a Profitable Future?
Under New Mexico law, in order to have an interference claim, you will need to be able to show that you had a business relationship with another person or entity, and that you had a reasonable belief that it would have resulted in a contract.
Did the Defendant Know About the Business Relationship?
The defendant must have known about the business relationship.
Did the Defendant Intend to Disrupt the Business Relationship?
The defendant must have engaged in an intentional act or behavior designed to disrupt your business relationship.
Was Your Business Relationship Disrupted?
You will need to be able to show that a business relationship — even if no contracts were yet signed — was disrupted by the defendant’s actions or behavior.
Did Your Business Experience a Legal Harm?
In order to file any type of interference claim, you will need to be able to show that your business experienced a legal harm. In many cases, the legal harm is that your business lost money. Yet harm could also refer to a loss of a client base, for example.
Was there a Contract in Place and Was it Breached?
For claims involving interference with contractual relations, and not for interference with prospective economic relations or a related claim, you will need to be able to show that you had a contract in place, and the defendant’s intentional actions disrupted the terms of the contract or induced a breach of contract.
Contact a Santa Fe Business Litigation Attorney Today
If you need assistance with an interference claim, or if you have any other questions about business litigation, our firm can help. One of our experienced Santa Fe business litigation attorneys can speak with you today about your situation and can provide you with more information about your options. Contact Slate Stern Law to learn more.