5.1 Introduction

• Library: Virginia Business Torts (Virginia CLE) (2019 Ed.)

5.1 INTRODUCTION

The tort of interference with contract rights was first recognized at common law by the majority of judges of the Queen's Bench in 1853 in Lumley v. Gye. ¹ It was recognized by the United States Supreme Court 41 years later in Angle v. Chicago, St. Paul, Minneapolis & Omaha Railway. ² While the right of action was recognized by neighboring jurisdictions ³ and referenced in Virginia jurisprudence as early as 1917, ⁴ it was not until the 1980s that the tort was officially recognized in Virginia.

As Virginia law has evolved, it has recognized as distinct tortious interference with existing contract, interference with prospective contract, and interference with business expectancies or economic advantage, including expectancies reflected by contracts terminable at will. As noted below, the reasons for the...