Causing loss by unlawful means Flashcards
1
Q
Rule 1
A
d must use unlawful means to interfere with the actions of X, a 3rd party, in which P has an economic interest.
2
Q
Rule 2
A
D must intend that interference to harm P by restricting the freedom of X to deal with P
3
Q
Rule 3
A
Interference must cause loss
4
Q
What case sets the test of actionability and restriction?
A
OBG v Allan
5
Q
What is actionability
A
The ability for X to sue D due to D’s unlawful act.
6
Q
What is restriction
A
That X must be restricted by the unlawful means.
7
Q
Which case shows that if X’s ability to deal with P is not constricted there is no liability?
A
Servier
8
Q
Which case successfully showed actionability and to a certain extent restriction?
A
Barclay Pharmaceuticals
