The tort of inducing a breach of contract : a review of the position at common law and its implications for Malta.

Abstract

This thesis treats the manner in which the tort of inducement of breach of contract has developed in Common Law countries. The first chapter commences by tracing the historical evolution of the tort in England and the United States on the one hand, and in France on the other, showing how the Courts of these countries autonomously evolved this tort with uncanny similarity, although through different approaches as can be expected due to their different methodology: the pigeon-hole approach in the former two countries, and the generic approach in the latter. The second chapter traces the elements of the tort, distinguishing it from other, similar economic torts. The main differences between the English and the American versions are highlighted. In particular, the latter extends this tort more clearly than the former to the pre-contractual phase. Again a brief reference is made to French law with its leaner, more straightforward, approach to this tort. The third chapter deals with the controversial elements of this tort, first as to its very raison d'etre or its economic and juridical basis, and then to the proper parameters within which this tort should operate, with particular emphasis being made to the defence of justification. The fourth chapter seeks to find evidence of the existence of this tort under Maltese law, where this tort has only been obliquely recognised by the legislator in industrial relations legislation and our courts have escaped treating it altogether. I have put forward reasons why a general recognition of this tort is perfectly compatible with our law even as it is now and suggested a positive legislative enactment to put all doubt to rest and give an impetus to this tort. The Conclusion lays out suggestions for improvement in the Common Law, for a proper formulation in a future European Code of Private Law and for the introduction of a general provision covering this tort under Maltese law.