Interference with a Business Opportunity

You have been nego­ti­at­ing for months with a sup­plier.  A com­peti­tor becomes aware of your nego­ti­a­tions and derails the deal.  Can you recover for your dam­ages?  Under the Tort of Intef­er­ence with a Busi­ness Oppor­tu­nity you may.

Gen­er­ally, the types of oppor­tu­ni­ties that can be sub­ject to such a claim include:

• Sale or Pur­chase of a Business
• Sale or Pur­chase of Property
• Employ­ment Opportunities
• Sale of Goods
• Con­struc­tion Contracts
• Pro­fes­sional Relationships

In order to prove the tort of Inter­fer­ence with a Busi­ness Oppor­tu­nity, you must show:

• That there is an oppor­tu­nity in exis­tence that is defi­nate and spe­cific in scope and capa­ble of being acted upon
• The other party had knowl­edge of the opportunity
• The other party with intent intef­ered with the opportunity
• They actu­ally caused dam­age to your interests
• Actual Dam­ages

More Read­ing:

• Should You Litigate?
• What Can You Sue For? Basic Con­tract Damages
• How long do I have to sue? The New York Statue of Limitations

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