Abstract
This chapter looks into the notions of torts, equity, and restitution as the external shield of a contract. The chapter cites the importance of Lumley v Gye, a landmark decision in English private law, establishing the tort of inducing breach of contract, and a meeting point of contract, torts, and property. It discusses the application of general tort liability protecting any contract from external interference, as well as that of restitution liability following the tort of inducing breach. Paradoxically following social and technological changes the contract for personal services which served as a vehicle for the fortification of other types of contractual rights, ended up as the weakest type of contract from the point of view of legal enforceability.
Original language | English |
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Title of host publication | Shaping the Law of Obligations |
Subtitle of host publication | Essays in Honour of Professor Ewan McKendrick KC |
Publisher | Oxford University Press |
Pages | 351-366 |
Number of pages | 16 |
ISBN (Electronic) | 9780191995576 |
ISBN (Print) | 9780198889762 |
DOIs | |
State | Published - 22 Feb 2024 |
Keywords
- Contract
- English private law
- Equity
- Legal enforceability
- Lumley v Gye
- Property
- Restitution
- Tort liability
- Torts