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Tortious Interference With Prospective Contracts: 

Texas law protects existing as well as prospective contracts from interference. Claims for tortious interference with prospective contracts require proof of ALL of the following: 

• That the defendant willfully and intentionally acted to prevent a contractual relationship; 

• That the plaintiff had a reasonable probability of entering into a contract; 

• Proximate cause; 

• Actual damages or loss. 

Tortious Interference With Prospective Contracts is different from Tortious Interference With Contract

It is important to understand the differences from the tort of interference with a contract, when considering a claim for tortious interference with a prospective contract:

• The actual existence of a contract is not required to maintain a claim for tortious interference with a prospective contract.
• Some courts have held that malice, whether actual or legal, is required to maintain a claim for tortious interference with a prospective contract.
• Fair competition may be a defense to a claim for tortious interference with a prospective contract
  

Please contact Mr. Melton with any questions about tortious interference. 

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