Home > Journals > Michigan Law Review > MLR > Volume 22 > Issue 1 (1923)
Abstract
Does the motive with which one enters into what is ostensibly trade competition with a business rival have any significance in the law? Motive is used, following Judge Smith's careful limitation of the term, to signify the feeling which makes the actor desire to obtain the result aimed at. A conclusion that motive is immaterial in this connection can be sustained by formal logic. A man has a "right'' to engage in business, even though his rival be injured thereby. One may exercise a legal right, regardless of his motives in doing so. Therefore, business competition, if the methods be lawful, is not affected by the motives of the competitor. There is highly respectable authority which would justify approaching the question in this way. See the opinions in Allen v. Flood, [1898] A. C. 1.
Recommended Citation
TRADE COMPETITION--EFFECT OF MOTIVE,
22
Mich. L. Rev.
57
(1923).
Available at:
https://repository.law.umich.edu/mlr/vol22/iss1/8