Absence of Justification: Tortious Interference

To prove tortious interference with a contract or business expectancy, one of the requirements is to show an “absence of justification.” Rice v. Hodapp, 919 S.W.2d 240, 245 (Mo. 1996). Generally, “absence of justification” means the absence of any legal right on a defendant’s part to take the complained of actions. Howard v. Youngman, 81 S.W.3d 101, 115 (Mo. App. E.D. 2002). Importantly, the quantity and quality of the interference that may be justifiable depends on whether the interference is with a contract or business expectancy. Id. An existing contract receives greater protection than a business expectancy.

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