Unlawful Means And The Pizza Example

Introduction

Most of us find it easier to understand a legal concept if we are given an illustrative example. A hypothetical set of facts that clearly falls on one side of the line can help us appreciate how the concept works.

A vivid instance of this is the example of an imaginary unscrupulous pizza delivery company, which instructs its delivery riders to break the speed limit and jump red lights so its pizzas arrive in a hotter and fresher state, thus unfairly gaining a competitive advantage. This has been cited in a number of judgments on the scope of “unlawful means” torts at the highest appellate level in the last two decades.

The pizza example has, through repeated references, acquired almost national treasure status. However, an examination of its origins and the way it has been refined (or altered) on each outing suggests that it is more hindrance than help in understanding where the line is drawn for what constitutes unlawful means. It appears to mean slightly different