Business Related Torts

Question 1

Inducing Breach of Contract Test

Answer 1

(1) The defendant had knowledge of the contract between the Plaintiff and a Third Party
(2) The defendant interned to procure a breach of that contract
(3) The defendant’s conduct caused the third party to breach the contract
(4) The plaintiff suffered damages due to the breach

Question 2

Unlawful Interference with Economic Relations

Answer 2

• Using threats or other unlawful means to convince another party to cease doing business with someone else
• Ex – price fixing, where 2 companies lower their prices to drive out another company, breaching the competition laws

Question 3

Unlawful Interference with Economic Relations Test

Answer 3

(1) The defendant intended to injure the Plantiff’s economic interests
(2) The interference was done by illegal or unlawful means
(3) The plantiff suffered economic harm or loss as a result

Question 4

Product Defamation

Answer 4

Also called Commerical Disparagment – where one party intentionally makes untrue or disparaging remarks about another company’s products in advertising for their own product

Question 5

Passing Off

Answer 5

• Representing one’s own product as that of another (i.e. Trademark infringement)
• Taking advantage of another brands goodwill that they have raised themselves