The tort of procuring a breach of contract
The tort of procuring a breach of contract

The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:

  • The tort of procuring a breach of contract
  • What is the tort of procuring a breach of contract?
  • Required elements of the tort of procuring a breach of contract
  • Interference with another's contract
  • ‘Mere prevention’
  • Breach is required
  • Knowledge required
  • Intention required
  • Can company directors be liable?
  • Damage required
  • More...

As set out in The economic torts—overview, the law makes provision to protect a person’s trade or business from acts which are considered to be unacceptable.

For guidance on claims for:

  1. unlawful interference, see Practice Note: Economic tort of unlawful interference

  2. conspiracy (both by lawful and unlawful means), see Practice Note: Economic tort of conspiracy

This Practice Note considers the economic tort of procuring a breach of contract (also known as inducing a breach of contract).

Civil claims involving fraud and dishonesty often rely on pleading one or more of the economic torts, on which see Practice Note: Civil fraud—causes of action (heads of claim).

What is the tort of procuring a breach of contract?

The tort of procuring a breach of contract (known as one of the ‘economic torts’) is committed where a person or entity knowingly and intentionally causes damage to another by interfering with their contractual relations or rights. The tort is useful where the contract breaker is difficult to sue or lacks sufficient funds to satisfy a judgment.

Procuring a breach of contract is a tort of secondary liability. Without primary liability on the part of the contract-breaker, whose breach of contract the defendant has induced or procured, there can be no such secondary, tortious liability on the part of that defendant (Palmer Birch v Lloyd).

For a clear discussion of the key components of a claim

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