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In Nevada, the elements for a claim of intentional interference with prospective economic advantage (sometimes called intentional interference with prospective economic interest or prospective contractual relationship) are:

  1. A prospective contractual relationship between plaintiff and a third party;
  2. Defendant has knowledge of the prospective relationship;
  3. The intent to harm plaintiff by preventing the relationship;
  4. The absence of privilege or justification by the defendants;
  5. Actual harm to plaintiff as a result of defendant’s conduct; and
  6. Causation and damages.

Custom Tel., Inc. v. Int’l Tele-Services, Inc., 254 F. Supp. 2d 1173, 1180-81 (Nev. 2003); Wichinsky v. Mosa, 109 Nev. 84, 88, 847 P.2d 727 (1993); Leavitt v. Leisure Sports, Inc., 103 Nev. 81, 88, 734 P.2d 1221, 1225 (1987).  Intention to interfere is the sine qua non of this tort.  M&R Inv. Co. v. Goldsberry, 101 Nev. 620, 707 P.2d 1143, 1144 (1985); Local Joint Exec. Bd. Of Las Vegas v. Stern, 98 Nev. 409, 651 P.2d 637, 638 (1982).

 

See elements for other claims at the Nevada Law Library

About the Author

Jay Young is a Las Vegas, Nevada attorney. His practice focuses on business law, business litigation, and acting as an Arbitrator and Mediator.

Mr. Young can be reached at 702.667.4868 or at jay@h2law.com.