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单词 inducing breach of contract
释义
inducing breach of contract
inducing breach of contract a form of ECONOMIC TORT consisting in A knowingly and unjustifiably inducing B to breach his contract with C, causing loss to C. The law generally permits considerable freedom in economic matters. In the leading case of Mogul Steamship Co. Ltd v. McGregor, Gow & Co. [1892] AC 25, the plaintiffs were put out of busi- ness by the defendants undercutting competitors by offering rebates and restricting their own agents from dealing with competitors. The necessity for a contractual relation that is being attacked was made clear in the equally important case of Allen v. Flood [1898] AC 1. The defendant must have known about a valid and subsisting contract: British Homophone v. Kunz [1935] All ER 627; Rossleigh v. Leader Cars Ltd, 1987 SLT 355, but sometimes courts take a wider view if it seems apparent that the defendant must have known there were contracts in operation: Stratford v. Lindley [1964] 3 All ER 102. Attempts have been made to classify the kind of conduct that will legally amount to interference (the most cited being that in D. C. Thomson v. Deakin [1952] 2 All ER 361) into: (i) direct persuasion; (ii) direct intervention;

(iii) indirect intervention. It may be that this tort has extended to

become a tort of unlawful interference in contract that would not require the need to show a breach, but it is difficult to be certain about the precise boundaries of any of the economic torts.

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更新时间:2024/10/27 3:40:35