Interference with contractual relations

The purpose of this essay is, through a comparative analysis of the legal state in a number of different legal systems, namely the Common law, French law, German law, and the laws of the Nordic countries, to see how these systems differ in their approaches towards interference with contractual relations. Do the different systems find the phenomenon of interference with contractual relations a problem and, if so, in what way and which methods or techniques are used to handle the matter? The purpose is, therefore, also to examine whether different legal systems can, through different approaches, find different solutions to a problem such as interference with contractual relations, and if these solutions have the same effect regarding legal protection. Furthermore, the purpose is to study why and how come the different legal systems have chosen to deal with the matter in different ways. Is there an underlying interest which is approached with a different degree of protectionistic enthusiasm? If so, what are the consequences?


1 Introduction
1.1 Background
1.2 Presentation of the problem
1.3 Purpose
1.4 Demarcation
1.5 Method and Disposition
2 Common Law
2.1 Economic Torts
2.2 Lumley vs Gye
2.3 Different forms of interference
2.3.1 Direct persuasion
2.3.2 Direct inducement
2.3.3 Other direct intervention
2.3.4 Indirect intervention
2.4 Contracts protected
2.5 Prerequisites of interference with contractual relations
2.5.1 Knowledge
2.5.2 Intent
2.5.3 Disturbance (or breach)
2.5.4 Damage and causation
2.6 Justification
2.7 Remedies
2.8 Contractual freedom vs Contractual stability
3 American Law
3.1 Interference with prospective contractual relations
3.2 Freedom of trade vs trade stability
3.3 The American contract view
4 Pure Economic Loss
4.1 A comparative study
4.2 Common Law approach compared with the French Law
4.3 German Law and Pure Economic Loss
4.3.1 § 826 BGB, Contra bonos mores
4.3.2 German law compared with other systems
4.4 Pure Economic Loss in the Nordic countries
4.4.1 Danish and Norwegian law- The doctrine of unlawfulness
4.4.2 Finnish and Swedish law – The exclusionary rule
4.5 Pure Economic Loss – A comparative summary
5 Contract views
5.1 Contractual freedom and Contractual stability
5.2 Inner contract sphere perspective vs Outer contract sphere perspective
5.3 Contract views – a summary
6 The underlying interest
6.1 The competition interest
6.2 Society’s interest in crime prevention
6.3 The contract interest
6.4 The legal-ethical interest
7 Arguments against liability
7.1 The simple rule argument
7.2 The legal certainty argument
7.3 The freedom of competition argument
7.4 The self-regulation argument
7.5 The insurance argument
7.6 Pro and against Interference with contractual relations
8 Concluding words

Author: Andersson, Jeanette

Source: Goteborg University

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