2.2.1 Valid Contractual Relationship

JurisdictionArizona

The contractual relationship with which the defendant interferes must be a valid contractual relation before liability for inducing its breach will attach. To be valid, the contract must actually have been entered into between the plaintiff and a third party.[fn85] It must be sufficiently specific to be enforceable.[fn86] The contract must be capable of being breached.[fn87] It must be supported by sufficient consideration.[fn88] Where the contract is conditional or contingent, the plaintiff must prove that the business expectancy created by the contingent nature of the contract was valid and justifiable.[fn89] Voidable contracts represent valid contractual relations so long as the parties have not declared them void.[fn90] Contracts terminable at will also represent "valid" contractual relations so long as they have not been terminated by the parties.[fn91]


[fn85] Pre-Fit Door, Inc. v. Dor-Ways, Inc., 13 Ariz. App. 438, 477 P.2d 557 (App. 1970) (The issue whether the contract between the plaintiff, a manufacturer of prefabricated doors, and the manufacturer of door manufacturing equipment, had actually been entered into was for the jury; the jury's finding that no contract had been entered defeated the claim for interference with contract.)


[fn86] Savoca Masonry Co. v. Homes and Son Constr. Co., 112 Ariz. 392, 542 P.2d 817...

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