Delaware Business Litigation Report

Supreme Court On Tortious Interference With Contract

 

ASDI, Inc. v. Beard Research, Inc., C.A. Nos. 296/301/308, 2010 (November 23, 2010)

In this decision, the Supreme Court held the Court of Chancery erred in holding plaintiffs had failed to establish a tortious interference with contract claim where a third party had lawfully terminated the contract with plaintiffs.  According to the Supreme Court, the focus of a tortious interference claim is whether the defendant wrongfully induced contractual termination, not whether the termination was legal.  While an unlawful termination will support a tortious interference claim, a plaintiff can also state a tortious interference claim when the defendant's tortious conduct causes a third party to terminate a contract lawfully.

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