General Overview of Interference with Contracts under Tennessee Law

     Tennessee recognizes both a common law and statutory cause of action for interfering with a contract.  As indicated below, the common law and statutory causes of action are virtually identical with the exception of the types of damages that may be awarded pursuant to each, the different burdens of proof necessary to support a claim for each type of damages, and, possibly, the limitation period:

Cause of Action:	Common Law Tortious Interference with Contract	Statutory Tortious Interference with Contract -- Tenn. Code Ann. § 47-50-109
Elements:	The existence of a legally enforceable contract	Same
	Defendant’s knowledge of the contract	Same
	An intention to induce its breach	Same
	Malice	Same
	Breach of contract	Same
	Proximate causation	Same
	Compensatory and, possibly, punitive damages	Treble damages
Burden of Proof:	Preponderance of evidence for compensatory damages; Clear and convincing evidence for punitive damages	Clear and convincing evidence for treble damages
Statute of Limitations:	Three-years under Tenn. Code Ann. § 28-3-105.	Authorities are split on whether it is one-year under Tenn. Code Ann. § 28-3-104 or three-years under Tenn. Code Ann. § 28-3-105.