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
Without regard with their title, officers of the corporation should transact all business and execute all contracts in the name of the company. The officer should have his or her title next to or under their signature.
Why is this important? Because if the company defaults on the underlying transaction, the officer may be held personally responsible for any loss if the other party can demonstrate that it reasonably belived that the officer was doing business on the officers\’ behalf.
In my world, success is when you further your interests. It’s as simple as that.
Since 1997 I have advised small business owners about what they must know before entering into a contract so that they could limit their risk of facing costly civil litigation and bad press. As a company lawyer, I tell businesses owners and people what they should do if they have been sued.
I have successfully represented a range of New York companies, from non-profits to executive search firms, along with many people. I have lectured about business law for many different groups, including continuing legal education classes for lawyers.
Take the first step. Contact me to get your New York Business Law and Civil Litigation questions answered by an experienced lawyer with a deep understanding of the problems you’re facing.
When you’re ready to take the next step you can begin the process online. If you’d like to schedule a free, no-obligation consultation in my office you can call 24 hours a day, 7 days a week at 212-233-0666 or fill out the contact form below.
Hiring a business law attorney is crucial for any successful business. As a passionate business owner, I know that your business is important. Your legal needs must be met so that your focus is on growing business.
I provide business advisor and legal services to entrepreneurs, start-up businesses and other entities from planning and formation to sale or other disposition of the business. I will guide you through the development of your business plan, choice of entity and any business structural decision.
Below you will find a partial listing of our business law services. If you don’t see a particular topic listed and you would like more information, please contact my office so I can provide to you the information you need.
- Draft and Negotiate Contracts
- Buy-Sell Agreements
- Purchase and Asset Sales Agreements
- Employment Agreements
- Independent Contractor Agreements
- Settlement Agreements
- Construction Contracts
- Commercial Leases
- Corporate Formation (Inc, C-Corp, S-Corp, LLC, LLP)
- Corporate Minutes and Record Keeping
- Shareholder Agreements
- Social Media, E-Commerce & Social Media Law
- Non-Disclosure Agreements/Confidentiality
- Intellectual Property Agreements
- Technology and Venture Licensing Agreements
- Real Estate
Articles of interest:
Social Media Law: