27.4 The Restatement (Second) of Torts

• Jurisdiction: Arizona

27.4 The Restatement (Second) of Torts. The tort of intentional interference with a contractual relationship applies to existing contracts and business expectancy interest.²⁵ Section 766 of the Restatement (Second) of Torts states:

One who intentionally and improperly interferes with the performance of a contract (except a contract to marry) between another and a third person by inducing or otherwise causing the third person not to perform the contract is subject to liability to the other for the pecuniary loss resulting to the other from the failure to the third person to perform the contract.²⁶

This Restatement view applies when an actor intentionally interferes with a third person’s performance of his existing contract with the plaintiff.²⁷ Alternatively, Restatement 766A states:

One who intentionally and improperly interferes with the performance of a contract (except to marry) between another and a third person, by preventing the other from performing the contract or causing his performance to be more expensive or burdensome, is subject to liability to the other for the...