LAW 122 Chapter 5-6: Business law-Chp.5+6 notes
17 Nov 2017
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The situation is different, however, if the defendants conspired to perform an otherwise unlawful act. They might agree to commit a tort, or to violate the criminal code, labour relations legislation or licensing regulations. If so, the court will merely require proof that the defendants should have known that their actions might hurt the plaintiff. In that situation, the judge will ask whether the defendant actually encouraged the third party to commit a breach of contract. Note: in addition to suing the defendant in tort for inducing breach of contract, the plaintiff can also sue the third party in contract for the actual breach. However, the plaintiff can also sue the third party in contract for the actual breach. However, the plaintiff cannot recover full damages under both actions. Finally if the defendants conduct is particularly outrageous, the plaintiff may be entitled to recover punitive damages, as well as compensatory damages, under the tort.
