2.3 Knowledge of the Relationship or the Expectancy on the Partof the Interferer

• Jurisdiction: Arizona

Before the plaintiff may recover for interference with a valid contractual relationship, he must prove that the defendant knew of the valid contractual relationship between the plaintiff and a third party.[fn121] The element of knowledge is, in a sense, superfluous. The intent element of the tort requires proof of a specific intent to interfere with the plaintiff's contractual relationship or business expectancy.[fn122] If the interferer does not have the knowledge of the contractual relationship or business expectancy he cannot, a fortiori, intend to interfere with it. Therefore, the proof of knowledge of the contractual relationship or business expectancy will be satisfied with proof of the specific intent to interfere with it, even though the reverse is not true. This reasoning is consistent with the Restatement (Second) of Torts, § 766. Comment i to § 766 does require knowledge of a...