Abstract
Professor Gergen demonstrates that claims of tortious interference with business relations often are used in what seems like ordinary commercial litigation to avoid limitations on rights or remedies under contract law or commercial law. He defends this surprising use of the tort by proposing a new history for it, arguing the tort is rooted in Holmes' and Pollock's theory of prima facie tort. Under this view, the interference tort is doing precisely what it should be doing by opening the door to claims regarding arguably improper commercial behavior that fall through cracks in other bodies of law. However, he advises that judges should exercise greater prudence in applying the interference tort by taking the issue of impropriety away from the jury and deciding it with due regard for the primary body of law governing the case.
How to Cite
Gergen, M. P., (1996) “Tortious Interference: How It Is Engulfing Commercial Law, Why This Is Not Entirely Bad, and a Prudential Response”, Arizona Law Review 38(4), 1175–1232.
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