QUASI-CONTRACTS --TORTS -- QUASI-CONTRACT AS AN ALTERNATIVE REMEDY FOR INTERFERENCE WITH CONTRACT RELATIONS

Authors

Abstract

An action in tort for damages against a defendant who has induced a third person to breach his contract with plaintiff is permitted in most states today, although the action is of comparatively recent origin. The basis of the action is the obligee's interest in the performance of the contract, which is thought to deserve protection against the third-party interference. The invasion of this right must, as the cases now stand, be an intentional invasion, although there seems to be no reason for excluding negligent invasions subject to the usual limits of foreseeability. The motives of the tort-feasor, suggested by one writer as a test for tort liability, would likewise seem a less satisfactory limitation than the usual principles of justification and privilege applied to the particular case.

Recommended Citation

QUASI-CONTRACTS --TORTS -- QUASI-CONTRACT AS AN ALTERNATIVE REMEDY FOR INTERFERENCE WITH CONTRACT RELATIONS, 33 Mich. L. Rev. 420 (1935).
Available at: https://repository.law.umich.edu/mlr/vol33/iss3/7