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    TORTS

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    Frances May Realino
    This document summarizes a lecture on tortious interference with contractual relations. It discusses the constitutional basis of tort liability, defining tortious interference as when a third party induces another to violate a contract. The elements of a tortious interference claim are outlined as: 1) a valid contract, 2) the inducer's knowledge of the contract, 3) malice by the inducer, 4) a causal relationship between the inducement and breach, 5) damage or injury, and 6) absence of legal justification for the interference. Several exceptions and defenses are also noted, such as when interference is privileged or advice is given in good faith.

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    TORTS

    Uploaded by

    Frances May Realino
    93 views3 pages
    This document summarizes a lecture on tortious interference with contractual relations. It discusses the constitutional basis of tort liability, defining tortious interference as when a third party induces another to violate a contract. The elements of a tortious interference claim are outlined as: 1) a valid contract, 2) the inducer's knowledge of the contract, 3) malice by the inducer, 4) a causal relationship between the inducement and breach, 5) damage or injury, and 6) absence of legal justification for the interference. Several exceptions and defenses are also noted, such as when interference is privileged or advice is given in good faith.

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    Tortuous Interference

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    This document summarizes a lecture on tortious interference with contractual relations. It discusses the constitutional basis of tort liability, defining tortious interference as when a third party induces another to violate a contract. The elements of a tortious interference claim are outlined as: 1) a valid contract, 2) the inducer's knowledge of the contract, 3) malice by the inducer, 4) a causal relationship between the inducement and breach, 5) damage or injury, and 6) absence of legal justification for the interference. Several exceptions and defenses are also noted, such as when interference is privileged or advice is given in good faith.

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    Download as docx, pdf, or txt
    93 views3 pages

    TORTS

    Uploaded by

    Frances May Realino
    This document summarizes a lecture on tortious interference with contractual relations. It discusses the constitutional basis of tort liability, defining tortious interference as when a third party induces another to violate a contract. The elements of a tortious interference claim are outlined as: 1) a valid contract, 2) the inducer's knowledge of the contract, 3) malice by the inducer, 4) a causal relationship between the inducement and breach, 5) damage or injury, and 6) absence of legal justification for the interference. Several exceptions and defenses are also noted, such as when interference is privileged or advice is given in good faith.

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    LECTURE ON TORTS

    JANUARY 24, 2009


    TORTIOUS INTERFERENCE
    WITH CONTRACTUAL RELATIONS

    Q What is the CONSTITUTIONAL BASIS of Tort Liability for Tortious


    interference?

    Contract as a property right – (No person shall be deprived of his


    property; No law impairing the obligations of contracts shall be passed.

    OTHER BASES:

     Solemnity of Contracts
     Integrity & Security of Contractual Relations
     Fulfillment of Contracts
     Freedom of Party to Contract

    Q What is tortious interference?

    Art. 1314 CC - Any third person who induces another to violate his
    contract shall be liable for damages to the other contracting party.

    It is preceded by Art 1311 which says that CONTRACT SHALL TAKE


    EFFECT BETWEEN THE PARTIES, THEIR ASSIGNS AND HEIRS. (Privity of
    Contract)

    Q SCOPE OF VIOLATION?

     Existing Contract
     Not to enter into Contract
     Prevent from entering into Contract

    Q Can action upon a contract be possible involving a party outside of


    the contract?

    Yes, under 1314. (Tortious Interference); expanded to Art. 20, and 21


    CC.

    Art. 20 CC (Willful or Negligent Act contrary to law = QUASI-DELICT)

    Q What is the legal consequence against the violator?

    INDEMNITY. (No one who suffers material damage cannot be without relief)

    Under this Article the act could either be a FELONY or QUASI-DELICT

    Art. 21 CC (Willful Acts contrary to morals, good customs or public policy)


    2

    This is a legal remedy for the “UNTOLD NUMBER OF MORAL WRONGS.”

    Ex: Impregnating a woman who, without the promise of marriage by the man,
    would not have succumbed to his bestial desire.

    Ex: Not showing up in marriage ceremony after all preps and publicity.

    Ex: Electric Co. cutting connection w/o prior notice.

    Q Does interference in FREE ENTERPRISE or TRADE COMPETITION


    amount to TORT?

    NO, it is regarded as privileged and constitutive only of “damnum absque


    injuria”

    Provided:

     The actions are fair and fall within the province of “SOCIALLY
    ACCEPTABLE CONDUCT.”

     The business advances for its own, and not to inflict harm on
    another.

    Q Distinguish Deceit from Tortious Interference?

    In deceit, the loss suffered by P is directly induced by D. Does not


    presuppose a contract.

    In Tortious Interference the loss is suffered by P because a TP induces


    the other contractual party to violate the contract. Presupposes a
    contract.

    Q Who are the usual defendants in TORTIOUS INTERFERENCE?

    The VIOLATING CONTRACTUAL PARTY and the TP INDUCER.

    Q Elements of tortious interference

    1. Valid Contract;

    2. Knowledge of the Existence of Contract (by the Inducer);

    3. Malice (by the Inducer);

    4. Causal Relation between the inducement and the breach;

    5. Damage or injury;
    3
    6. Absence of Legal Justification; (ex: Rubio vs. CA 141 SCRA 488
    [1986]

     (Unpaid Seller warns another Seller not to proceed with the


    sale because the prospective buyer has not paid his
    obligations to the Unpaid Seller)

     Giving Advice in GF

     CIBI

    Q INDUCEMENT is a misnomer

    It is sufficient that a TP meddles in the contractual relations of both


    parties, resulting in one party violating the contract.

    Q Does INDUCEMENT give rise to tortious liability?

    NO. It must result in breach and damage or injury.

    Q WHAT USUALLY DEFEATS TORTIOUS INTERFERENCE CASE?

    1. Absence of Breach;
    2. Lack of privity;
    3. Illegal Contract;
    4. Contract to Marry

    Q EXTENT OF LIABILITY OF:

    TORTFEASOR-INDUCER - Not more than what the P could recover from


    the party-D.

    PARTY INDUCED – GF/BF. If GF only the natural result of breach;


    If BF, all damages.

    Q Does negligent interference fall within this rule on tortious


    interference?

    No.

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