A COURSE CORRECTION FOR ANALYZING CLAIMS OF TORTIOUS INTERFERENCE WITH AT-WILL CONTRACTS: ABANDONING A LINE OF ILLINOIS DECISIONS FOUNDED ON A MISTAKE

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An Article by Joe Jeffery Download the full Article here. Illinois recognizes two types of torts to remedy an actor’s interference with a party’s business relationships: tortious interference with contract and tortious interference with prospective economic advantage.[1] Whether interference with an at-will contract is more appropriately remedied under the interference-with-contract tort or the interference-with-prospective-economic-advantage tort is a distinction with a significant difference. Determining which tort applies may be critical to the outcome of a dispute because the two torts provide different levels of protection against a third party’s interference.[2] Contractual relationships enjoy greater protection from interference than relationships based on the mere possibility of future economic advantage.[3] [1] See Fellhauer v. City of Geneva, 568 N.E.2d 870, 877–78 (Ill. 1991); see also Speakers of Sport, Inc. v. ProServ, Inc., 178 F.3d 862, 865 (7th Cir. 1999) (“[I]nducing the termination of a contract, even when the termination … Read the rest


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