In that post, I noted that you should be careful about what you say regarding other people and businesses. If you make a third party break a contract with a competitor, you could end up as a defendant in a business interference suit. Business interference is an easy claim to assert, but a hard one to prove. The definition is broad, basically encompassing three scenarios:
- Party A interferes with a contract between Parties B and C, causing Party C to not perform the contract.
- Party A interferes with a contract between Parties B and C, causing Party B's performance of the contract to be more burdensome or expensive.
- Party A interferes with a prospective business or contractual relationship between Parties B and C, causing Party C to not enter the contract or continue the relationship.
If you are accused of business interference but did not do anything wrong, you stand a good chance of winning the case. Improper motivation is a factor courts examine in determining whether a defendant is guilty of business interference. Even without improper motivation, being sued is a headache not worth having. It is better to refrain from talking about another person or business to a third party, regardless of how innocuous you think the comments may be.