University of Toronto, Faculty of Law; MacKenzie Barristers P.C.
Date Written: April 19, 2016
This paper argues that it is time to critically assess the tort of inducing breach of contract and whether its recognition can be justified by Canadian common law in the modern economy. Considering the principles articulated by the Supreme Court of Canada in A.I. Enterprises v Bram, I argue that the tort can be justified by viewing a contractual right as "quasi-proprietary," imposing liability only in certain circumstances where one's right is misappropriated by a third-party. I also propose how the elements of the tort should be narrowly defined in a manner consistent with the tort's theoretical justification.
Keywords: tort law, inducing breach of contract, economic torts, private law theory, contract law
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