Full question:
I lease out space on behalf of an antique mall. The lease agreement includes a provision about maintaining a professional manner and treating people with respect. Due to one tenant’s frequent outbursts on new policies, personal harassment and complaints, I sent her a letter with a three week notice to vacate her space. She proceeded to post signs in her booth that she had lost her lease and had taken space in another mall that she called the "friendly" mall. At this mall she has been passing around the letter I sent to her to other antique dealers and speaking of her discontent, anger and dislike of me. She has also gone to one of our long time seasonal employees with all this and now this person no longer wishes to work for us this summer. I feel what she is doing is slander and that it is wrong. What can I do?
- Category: Civil Actions
- Subcategory: Defamation
- Date:
- State: Michigan
Answer:
You may have a civil cause of action for tortious interference with a business relationship. The basic elements which establish a prima facie tortious interference with a business relationship are: a) the existence of a valid business relation or expectancy; b) knowledge of the relationship or expectancy on the part of the interferer; c) intentional and unjustified act of interference on the part of the interferer; d) proof that the interference caused the harm sustained; and e) damage to the party whose relationship or expectancy has been disrupted.
This tort can be committed by interferer inducing a third person not to enter into a prospective relation or preventing the other from acquiring or continuing such a relation. There must be an "improper" interference for the cause of action to lie. A plaintiff may properly bring a cause of action alleging tortious interference with present or prospective customers, but no cause of action exists for tortious interference with a business's relationship to the community at large. A protected business relationship need not be evidenced by an enforceable contract, but the alleged business relationship must afford the plaintiff existing or prospective legal or contractual rights.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.