12.6 Interference with Business Relations.

• Jurisdiction: Arizona

12.6 Interference with Business Relations. In Wagenseller v. Scottsdale Memorial Hospital,⁸⁴ the Arizona Supreme Court identified the elements of a claim for intentional interference with business relations as follows:

(1) The existence of a valid contractual relationship or business expectancy;

(2) knowledge of the relationship or expectancy on the part of the interferer;

(3) intentional interference inducing or causing a breach or termination of the relationship or expectancy;

(4) resultant damage to the party whose relationship or expectancy has been disrupted; and

(5) improper conduct.⁸⁵

The Wagenseller court adopted the factors in Restatement (Second) of Torts §767 in order to determine whether a particular action is “improper”:

(a) the nature of the actor’s conduct,

(b) the actor’s motive,

(c) the interests of the other with which the actor’s conduct interferes,

(d) the interests sought to be advanced by the actor,

(e) the social interests in protecting the freedom of action of the actor and the contractual interests of...