Abstract:
This paper argues that it is time to critically assess the tort of inducing breach of contract and whether its recognition can be justified by Canadian common law in the modern economy. Considering the principles articulated by the Supreme Court of Canada in AI Enterprises v Bram, I argue that the tort can be justified by viewing a contractual right as ‘quasi-proprietary’, imposing liability only in certain circumstances where one’s right is misappropriated by a third-party. I also propose how the elements of the tort should be narrowly defined in a manner consistent with the tort’s theoretical justification.
MacKenzie, Brooke, Shifting Blame? Reassessing the Tort of Inducing Breach of Contract Following AI Enterprises v Bram (April 19, 2016). Annual Review of Civil Litigation (edited by Todd L Archibald J and Randall Scott Echlin), September 2016.
First posted 2017-06-06 06:55:38
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