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9 Cards in this Set
- Front
- Back
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Inducement of Breach of Contract |
"an actionable wrong is committed by one who intentionally and without lawful justification induces or procures someone to break a contract made by him with another, if damage has resulted to that other, provided that the contract creates contractual relations recognised by law" - defender is only liable if the third party breaks their contract with the pursuer as a consequence of their acts |
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5 characteristics of INDUCEMENT as spelled out in GLOBAL RESOURCES GROUP V MACKAY |
1. breach of contract must actually take place, otherwise there is insufficient ground for action. 2. the defender must know their actions will result in inducement. Recklessness is not enough unless the defender turned a wilful blind eye to the terms of the contract. 3. intent to induce a breach of contract, either as a means or an end. Not enough that it is a foreseeable consequence. 4. defender's actions must induce the breach of contract through persuasion, encouragement or assistance. Merely allowing a breach to happen is insufficient. 5. A defence of justification is available if it is justified - i.e. inducing female artistes to break contracts of employment in order to obtain better wages and escape prostitution. |
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Remedies for Inducement of Breach of Contract. |
Damages |
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Intentional Infliction of Harm by Unlawful Means DEFINING RULES |
1. Defender must use unlawful means against third party (OBG Ltd v Allan) (could add more) 2. Must be an intention to harm the pursuer - it does not have to be the predominant motive, merely a motive. 3. Defence of justification might be possible (no direct authority) |
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Intentional Infliction of Harm by Unlawful means REMEDIES |
Damages |
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Conspiracy DEFINING RULES |
1. Must be more than one actor 2. Intent to harm pursuer 3. Could be either lawful means conspiracy or unlawful means conspiracy |
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Conspiracy LAWFUL MEANS |
- when the act would not be actionable against a sole individual or against statute - action only possible if the primary motive of the conspirators is to cause harm to the Pursuer |
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Conspiracy UNLAWFUL MEANS |
- when the act would be actionable against a sole individual (i.e. breach of contract/delict) or if unlawful but not actionable in the aforementioned manner (i.e. breach of statute) - must prove motive of Defender is to harm Pursuer - possible to use intention of gain as evidence of desire to harm interests of pursuer in cases were in a price fixing cartel |
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Remedy Conspiracy (unlawful means) |
Damages |
