Tortious Interference in Pennsylvania: Did Someone Disrupt Your Contract or Business Deal?
Updated: Sep 29
When a third party deliberately disrupts a contract or a concrete business opportunity, Pennsylvania law may provide a tortious-interference claim. The strongest evaluation starts with the relationship, the interfering act, its justification, and the resulting loss.
Elements for interference with an existing contract
The Pennsylvania Supreme Court in Salsberg v. Mann identifies four elements: a contract between the plaintiff and a third party; the defendant’s intent to harm by interfering with it; the absence of privilege or justification; and actual damage caused by the conduct. Gather the signed agreement, amendments, communications about performance, and documents showing the lost benefit.
Elements for a prospective business relationship
Thompson Coal Co. v. Pike Coal Co. addresses a prospective contractual relationship, intent to prevent it, lack of privilege or justification, and actual damage. The anticipated deal must have a reasonable likelihood or probability, not merely be a hope. Quotes, negotiations, accepted terms, specifications, and purchase plans can show how close the relationship was.
Prove what happened and what it cost
Make a dated timeline of the third party’s statements or actions, the customer’s decision, and the change in the contract or opportunity. Preserve full messages and witness names. Calculate loss with actual pricing, costs, prior work, and business records. A cancelled deal alone does not establish who caused it.
Improperness is fact-specific. In Walnut Street Associates v. Brokerage Concepts, the Supreme Court held that conveying truthful information was not improper interference on the facts before it. That decision illustrates why counsel should evaluate the conduct itself, including deception, threats, or other claimed wrongdoing, and any asserted justification.
Bring both the favorable and unfavorable records to a consultation. The attorney can assess existing-contract and prospective-deal theories separately and determine whether a related defamatory statement supports another claim.
Legal sources
Serving Media and nearby Pennsylvania counties
Ames Law Group LLC is the solo practice of Patricia A. Ames, Esq., at 24 Veterans Square, Media, PA 19063. The firm serves Delaware, Chester, Montgomery, Philadelphia, and Bucks counties in Pennsylvania.
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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