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Discuss on Infringing Contracting Interest by Third Party

Author: ZhouJing
Tutor: ZhangZhengZuo
School: Suzhou University
Course: Civil and Commercial Law
Keywords: contracted interest a third party tort remedy civil liability
CLC: D913
Type: Master's thesis
Year: 2011
Downloads: 15
Quote: 0
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Infringing contracting interest by third party refers to unlawful and intentional interference with formation of contract. In this way, contracting parties’contracting interest is infringed. In PRC legal system, contractual negligence is the major protection to contracting interest. However, this doctrine is limited by privity of contract and therefore cannot regulate interference to contracting interest by a third party. The Anglo-American law system established "interference with the contract" by common law. On the other hand, using general provisions in tort law to regulate infringing contracting interest by third party also attracts great support from scholars of civil law countries.The doctrine of infringing contracting interest by third party protects contracting interest. This doctrine is different from reliance interest in that it only exists at formation of contract while the scope of reliance interest is much wider. Principles of good faith and freedom of contract are the social and moral basis for the existence such doctrine. In this thesis, the author evaluate the possibility of establishing a system of infringing contracting interest by third party by comparing with contracting interest in British common law and US statutes. Through such comparison, the author would point out loopholes in Chinese legal system in protecting contracting parties’lawful interest. In practice, imposing liability on third party for infringing contracting interest is necessary. To compensate the parties’contracting interest, the author recommends imposing tort liability on third party. Such tortious liability should be confined to intentional tortuous conduct. In addition, for two different kinds of tortious conduct, and the tort-feasors should be subject to different kinds of civil liability respectively.

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