The external shield of a contract-torts, equity, and restitution

Nili Cohen*

*Corresponding author for this work

Research output: Chapter in Book/Report/Conference proceedingChapterpeer-review

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 languageEnglish
Title of host publicationShaping the Law of Obligations
Subtitle of host publicationEssays in Honour of Professor Ewan McKendrick KC
PublisherOxford University Press
Pages351-366
Number of pages16
ISBN (Electronic)9780191995576
ISBN (Print)9780198889762
DOIs
StatePublished - 22 Feb 2024

Keywords

  • Contract
  • English private law
  • Equity
  • Legal enforceability
  • Lumley v Gye
  • Property
  • Restitution
  • Tort liability
  • Torts

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