Tortious interference in New Jersey

Elements

1. 1

   Protected relationship or expectancy

   A contract, or a business relationship with a reasonable probability of future economic benefit.

2. 2

   Knowledge

   The defendant knew about that relationship.

3. 3

   Intentional interference

   The defendant deliberately and unjustifiably caused a breach or a break-up of the relationship.

4. 4

   Damage

   The plaintiff lost the deal, the customer, or the economic benefit.

Burden of proof

Preponderance of the evidence. Some jurisdictions require a higher showing of malice or lack of justification.

A New Jersey fact pattern

A Hoboken restaurant has a signed exclusive with a linen service. A rival, knowing the term, tells the owner the first vendor is 'about to fold' and walks in a cheaper bid. New Jersey follows the Restatement pattern: a protected relationship, knowledge, intentional unjustified interference, and actual loss.