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ARTICLE · 09 SEPTEMBER 2013

A Framework Emerges - Recent Developments In The Law Of Intentional Economic Torts

Economic torts provide relief in relation to intentional interference with economic interests.

CanadaCorporate/Commercial Law

Economic torts provide relief in relation to intentional interference with economic interests. This collection of torts can be divided into two categories: deceptive market practices1 and improper market practices. This paper concerns itself exclusively with the latter, examining the torts of inducing breach of contract, unlawful interference with economic interests and civil conspiracy.

Historically, the torts of inducement to breach a contract (the "inducement tort"), unlawful interference with economic interests (the "unlawful interference tort") and civil conspiracy have been difficult to plead. This difficulty reflects the courts' struggle to clearly identify when the intentional interference with economic interests should be actionable. This struggle is, at least in part, attributable to the challenge of striking a proper balance between competition in a free market and unfair or improper market practices.

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