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The tort of intentional interference with prospective business relationship is very similar to the tort of intentional interference with contact, but of course differs in that it can occur before a contact is fully formed and entered into.
The elements of intentional interference with prospective business relationship are:
(1) The plaintiff has a prospective business relationship or contract with another party;
(2) The defendant knew or should have known of such prospective relationship or contract’s existence;
(3) The defendant intentionally induced the other party not to enter into or finalize the prospective business relationship or contract; and
(4) The defendant’s actions caused plaintiff damages.
Tesone v. Empire Mktg. Strategies, Case No. 17-cv-02101-MEH, at *4-5 (D. Colo. Feb. 12, 2018).
Accordingly, the tort of intentional interference with prospective business relationship is often a valuable back-stop to plead in addition to intentional interference with contract, as it remains valid even if the underlying contract was not finalized (or may be otherwise invalid).
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