Issue: Under the law of the Virgin Islands, what must a plaintiff establish to prevail on a claim of tortious interference with contract?
| Area of Law: | Business Organizations & Contracts |
| Keywords: | Claim for tortious interference with contract; Intent; Damage |
| Jurisdiction: | Virgin Islands |
| Cited Cases: | None |
| Cited Statutes: | Restatement (Second) of Torts § 766 (1979) |
| Date: | 04/01/2015 |
There are five elements involved in a claim for tortious interference with contract:
(1) a legal contract must exist (voidable or unenforceable apply, but contracts void ab initio do not);
(2) wrongdoer had knowledge of the contract’s existence (actual knowledge not required);
(3) purposeful intent to interfere with the contract (though, in rare cases, negligent interference may suffice);
(4) the interference proximately caused the damage; and
(5) the plaintiff suffered actual damage.
3 Business Torts, 11, Elements, § 11.03. In most jurisdictions, the pivotal considerations are: “the intent of the actor, the purpose of the interference, and the means used to accomplish the interference.” Id. The Virgin Islands Superior Court has found:
A claim of tortious inference with contract requires proof of intentional and improper interference with the performance of a contract between another and a third person. This intentional and improper interference occurs by inducing or otherwise causing the third party to not perform the contract. The Restatement provides that a tortious interference claim can be brought in the context of contracts terminable at-will.
Sorber v. Glacial Energy VI, LLC, 2013 V.I. LEXIS 12, 19-20, (V.I. Super. Ct. Mar. 7, 2013) (Caroll, J.) (citing Restatement (Second) of Torts § 766 (1979)).
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