On The Interference Of Contract System In The United States Tort Law

In the modern society, social fortune has been generated and transferred mainly bymeans of contracts, and it is inevitable for economic activities to have something todo with contracts. Complicated and mutually reliant network has been formed amongvarious contracts and guarantee the successful fulfillment of transactions. However,simultaneously the contracts are confronting with more risks due to intricate andfrequent transactions. From time to time, some third party may interfere withcontracts and lead to very wicked social effect. So, it is the internal requirement ofeconomic development to strengthen legal protection of contracts. As a result, tort lawhas been introduced to protect contracts against improper interference due toinadequate protection of contract law and urgent practical need of society. Gradually,the inviolability of the contracts has been recognized by most of countries in theworld.For the reason that countries from civil law system have long-lasting tradition toinsist on the principle of privity, the systematic mode and developing progress oftortious liability for infringing contracts are inferior to the common law system. Sothis article mainly discusses the theory of interfering with the contract in Americantort law by using methods of historic analysis, comparative analysis and case study sothat some references could be provided to the formation of the theory in China. Thisarticle has been divided into four parts: Part one briefly introduces generating anddeveloping process of the theory, which mainly analyses the direct reasons andpractical needs that lead to the generation and then specifies the course of the theory'sbloom from historic perspective;Part two based on case study, elaborates the basiccontent of the theory such as types, elements, remedies and exemption;Part three,based on Part one and Part two, summarizes the features, estimates the developingtrend of the theory, and compares major differences of the theory existing in the civillaw system and common law system;the last part expatiates the necessity and legalfoundation for setting up the theory in China and designs a frame for it in order toprovide reference to the scholars and officers who are responsible for formulating theChinese Civil Law Code.