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ARTICLE · 30 OCTOBER 2015

The Third Party's Harmful Behavior In A Contractual Relationship

Stating that contracts are designed to be respected does not puzzle or sound strange to anyone.

BrazilCorporate/Commercial Law

Stating that contracts are designed to be respected does not puzzle or sound strange to anyone. The question, however, is the ability to reprimand not only who violates the agreement, but also who instigates a breach of contract. Holding a third party liable for the breach of a contract to which he is not a party may seem strange, after all, since such third party did not take part in the agreement, the rules governing it should not be enforced against him. How could such third party be held liable for causing a contract to which he is not a party to be terminated?

The answer to the common law doctrine called tortious interference is apparently simple: once the contracts are designed to be respected, actions interfering with them must be rejected.

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