2.4.3 Breach of Contract or Termination of Expectancy

• Jurisdiction: Arizona

The tort of intentional interference with contractual relations or business expectancy requires proof that one of two events occurred: either an existing contract was breached[fn143] or the business expectancy had been terminated.[fn144] However, where the allegation is that the performance of an existing contract has been hampered, or made more expensive or burdensome, it is not necessary to prove an actual breach. It is sufficient to show that the plaintiff has been damaged to some degree as a result of the interference.[fn145] Where interference with a business expectancy is alleged, no proof of breach need be shown, although it is necessary to present evidence of the termination of an otherwise valid expectancy.[fn146]

It is not necessary to prove that the contract or the expectancy would have matured in the absence of the interference.[fn147] The Supreme Court in State Farm Mutual Ins. Co. v. St. Joseph's Hosp. held that the evidence of what would have...