Tortious Interference in New Jersey: When a Third Party Derails a Business Opportunity
Updated: Sep 29
New Jersey law can protect an existing contract and a reasonable expectation of future business from improper interference. If someone derailed a customer or vendor relationship, gather the facts that establish the opportunity, the third party’s conduct, and the financial result.
The elements to investigate
Printing Mart-Morristown v. Sharp Electronics describes a protectable contract or prospective economic relationship, intentional interference without justification or excuse, loss of the contract or expected gain as a result, and damages. Lamorte Burns & Co. v. Walters likewise addresses a reasonable expectation of economic advantage lost directly through improper interference.
For an existing contract, bring the complete signed terms and evidence of the disrupted performance. For a prospective relationship, bring a pending bid, specifications, communications, proposed terms, or other proof that the opportunity was concrete. Printing Mart explains that a history of past business alone does not establish every future deal.
Show intentional conduct and a causal connection
Save emails, messages, witness details, and a timeline showing when the third party acted and when the customer changed course. Explain what the third party knew and why the conduct was improper rather than legitimate competition. Preserve the customer’s stated reason for cancelling or selecting another provider.
Use invoices, proposals, margin calculations, cancelled orders, and customer communications to establish the claimed loss. The goal is to connect conduct to a particular lost contract or expected gain, not just a general decline in business. Where a false public accusation was part of the interference, counsel can analyze a separate defamation claim as well.
An early consultation can identify the right defendants, records to preserve, and realistic relief. Business owners do not have to treat a targeted disruption as an unavoidable cost of competition when the elements can be supported.
Legal sources
Serving clients throughout New Jersey
Patricia A. Ames, Esq., of Ames Law Group LLC serves clients throughout New Jersey, including Burlington, Camden, Gloucester, Atlantic, Cape May, Cumberland, Salem, Ocean, and other counties statewide. Her sole office is at 24 Veterans Square, Media, Pennsylvania 19063.
General information only; this article is not legal advice and does not create an attorney-client relationship. Every case is different; results cannot be guaranteed.
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