By Jacob C. DeRue (January 17, 2025)

Introduction

Many legal claims can be brought against individuals and businesses to protect your business relations and future profits. Tortious interference with business expectancy occurs when a person intentionally damages the plaintiff’s business expectancy with a third party.[1]

Understanding your rights when someone tortiously interferes with your business is essential to protecting your company. This post will explore what a tortious interference with business claim is, its elements, your choices when dealing with a tortious interference with business dispute, possible defenses against a tortious interference with business claim, and potential damages for a tortious interference with business claim.

Legal Standard for a Tortious Interference with Business Expectancy Claim

Tortious interference with business expectancy in Virginia requires a plaintiff to prove five elements. To establish a claim for tortious interference with a business expectancy, the plaintiff is required to show that:

(1) the plaintiff had a contract expectancy;

(2) the defendant knew of the expectancy;

(3) the defendant intentionally interfered with the expectancy;

(4) the defendant used improper means or methods to interfere with the expectancy; and

(5) the plaintiff suffered a loss as a result of the defendant’s disruption of the contract expectancy.[2]

If any one of these elements cannot be proven, then you may not have a valid claim for tortious interference with business expectancy. It is important to consult with a business attorney to determine if you have a viable claim against someone for a tortious interference with business expectancy case.

Explanation of Law for a Tortious Inferference with Business Expectancy Claim

First, to establish business expectancy, the plaintiff must prove a probable future economic benefit beyond the threshold of a mere possibility of the benefit occurring.[3] A business expectancy may be demonstrated in many ways. For example, you could show there were ongoing negotiations between your business and the client or customer, a consistent pattern of past dealings with a client or customer, and many other ways that are specific to your business’s circumstances.

Second, the court requires that the defendant knew the business expectancy and the fact that they were interfering with the expectancy.[4] In many circumstances, the defendant has actual knowledge of the existence of a business expectancy, and a plaintiff can easily satisfy this element. For example, you could provide evidence that there were emails or conversations that the defendant knew of the business expectancy.

Third, to establish intentional interference with the performance of a contract, the intentional act must induce or otherwise cause a third party not to perform on a prospective contract or prevent the plaintiff from entering the contract.[5]

Fourth, improper methods of interference are illegal or independently tortious, such as violations of statutes, regulations, or recognized common-law rules.[6] Examples of intentional acts that are improper methods of interference would be fraudulent misrepresentations, defamation, threats, or violating the law.

Fifth, if proving compensatory damages, the plaintiff must establish sufficient facts and circumstances concerning damages but does not need to prove compensatory damages to an exact amount.[7] For compensatory damages, a plaintiff must demonstrate with reasonable certainty that the defendant was the proximate cause of each claimed damage.[8] To prove punitive damages, the plaintiff must prove that the defendant willfully interfered with or destroyed the business relationship.[9]  More specifically, the defendant’s conduct must be particularly “egregious.”[10] 

Conclusion:

In conclusion, a claim of tortious interference with business expectancy is a serious claim that can significantly affect your business. This tortious interference can cost your business large sums of money depending on the circumstances of the interference. Additionally, if a company or individual brings a claim of tortious interference with business expectancy against you, you may have to pay significant monetary damages. If tortious interference with business expectancy is suspected, a company or individual must take immediate steps to address the potential legal consequences.

This blog post is intended to overview the nature of tortious interference with business expectancy claims. Individuals who have questions about what type of lawyer may be best for their business, questions about business law, or seek experienced outside counsel for their business should contact Jacob DeRue at Briglia Hundley, P.C., through the Contact Page.

The information in this blog post may not reflect the current law in your jurisdiction. No information in this blog post should be interpreted as legal advice, and the blog post is not intended to substitute for legal counsel.

About The Author

Jacob DeRue is an associate attorney supporting BrigliaHundley, P.C.’s business litigation and corporate law practice groups. He joined the firm the summer after his first year of law school as a summer associate, then transitioned to a law clerk until passing the Virginia Bar after graduation and becoming an attorney. Mr. DeRue primarily practices in the firm’s corporate law practice group, commercial and business litigation practice group, and civil litigation practice group.

Briglia Hundley represent individuals and corporations throughout the Mid-Atlantic region, including Alexandria, Annandale, Arlington County, Ashburn, Burke, Centreville, Chantilly, Clifton, District of Columbia, Dulles, Fairfax County, Falls Church, Great Falls, Herndon, Leesburg, Loudoun County, Manassas, Manassas Park, McLean, Middleburg, Montgomery County, Oakton, Prince George’s County, Prince William County, Reston, South Riding, Springfield, Sterling, Tysons Corner, Vienna, Winchester and Woodbridge.

Contact the Author

Jacob DeRue

Briglia Hundley, P.C.

Tysons Corner Office

1921 Gallows Road, Suite 750

Tysons Corner, Virginia 22182

Telephone: 703.883.0880

Fax: 703.833.0899

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[1] David N. Anthony, Tortious Interference with Contract or Business Expectancy: An Overview of Virginia Law, 32 VBA News J. 9 (2006).

[2] Maximus, Inc. v. Lockheed Info. Mgmt. Systems Co., Inc., 493 S.E.2d 375, 378 (Va. 1997); Chaves v. Johnson, 335 S.E.2d 97, 102 (Va. 1985).

[3] See Glass v. Glass, 321 S.E.2d 69, 77 (Va. 1984).

[4] Id.

[5] Allen Realty Corp. v. Holbert, 318 S.E.2d 592, 597 (Va. 1984); Chaves, 335 S.E.2d at 102.

[6] Duggin v. Adams, 360 S.E.2d 832, 836 (Va. 1987).

[7] Murray v. Hadid, 385 S.E.2d 898, 904 (Va. 1989).

[8] See MicroStrategy, Inc. v. Bus. Objects, S.A., 429 F.3d 1344, 1361 (Fed. Cir. 2005).

[9] United Constr. Workers v. Laburnum Const. Corp., 75 S.E.2d 694, 708 (Va. 1953).

[10] Ross v. Sigley, No. 96-00129-H, 1998 U.S. Dist. LEXIS 3300, at *4 (E.D. Va. Jan. 30, 1998).