Business Torts

Question 1

Disparagement

Answer 1

Disparagement, or trade libel, is the publication of an untrue or
misleading statement about another’s business or product in an attempt to influence a
person not to deal with the business.

Question 2

Interference With an Economic Relationship

Answer 2

Interference with Economic
Relationship is a broad cause of action alleging an intentional interference with one’s
business relationships. Included are interferences with contractual relationships,
expected commercial relationships, and intimidation of employees, clients, etc. To
prevail, the plaintiff must prove that the defendant intentionally and unlawfully interfered
with the plaintiff’s business or enterprise, and that the defendant’s act resulted in
commercial or economic harm to the plaintiff.

Question 3

Interference with Contractual Relationshp

Answer 3

Tortious interference with a contractual
relationship is one of the common forms of the tort of Interference with Economic
Relationship. This tort is narrower in scope and requires the presence of a contract
between the plaintiff and a third party, and an intentional inducement to breach that
contract by the defendant, resulting in damages to the plaintiff.

Question 4

Interference with a Prospective Advantage

Answer 4

Interference with a Prospective
Advantage is a form of Interference with Economic Relationship. The difference
between this tort and Interference with Contractual Relationship is that there is no
contract required to prevail in an action for Interference with a Prospective Advantage.
The plaintiff need only prove that there was a current or potential business
relationship about which the defendant had knowledge, and that the defendant
intentionally disrupted that relationship, causing economic harm to the plaintiff.