The Study On Tortious Interference With Prospective Contractual Relations Of American Tort Law

Tortious interference with prospective contractual relations is an independent tort of American tort law. It refers to one who intentionally and improperly interferes with others’prospective contractual relations, which lead to a contract can’t be concluded or increase contracting transaction costs, the actor is subject to liability. At present, this type of tort law provisions is imperfect in China, but there have been many similar cases with China’s judicial practice so far. However, few domestic scholars have studied on this subject. Therefore, this article adopts comparative analysis, historical analysis and case study to discuss the origins and theories, the standard of liability, compensation for damages, the responsibility of proof on tortious interference with prospective contractual relations of American tort law, in order to provide useful advice for China’s judicial practice.Addition to the introduction, this article is divided into five parts.The first part is a summary of tortious interference with prospective contractual relations of American tort law. Firstly, introduce the name, definition, characteristics of the tort. The primary characteristic of the law is to protect the future interests and the victims who suffer from purely economic losses. Secondly, compare the tort with tortious interference with contract. Although they are similar in some places, the article focuses on the difference. The interest in prospective contractual relations may be lower when it translates into real contract. Therefore, the law protects little with prospective contractual relations and establishing the tort liability is more strictly.The second part deals with the origins and theoretical analysis of the tortious interference with prospective contractual relations of American tort law. The tort originated in English law, which is the result of individual interference tort expansion. Since American acknowledged the tort, its theoretical foundation has been controversial. Generally speaking, there are three views. People who approve of corrective justice oppose protect, people who approve of free contention support protect, people who approve the efficient breach confine to protect.The third part demonstrates the liability standard of the tortious interference with prospective contractual relations of the American tort law. This section concentrates on what kind of interference should bear tort liability, which is also the problem of the tort. With the perspective of historical analysis, specifically through the malicious standard of Restatement (first) of torts in1937Intentional and improper standard of Restatement (second) of torts in1979Independent tort standard which is established in Wal-mart v. Sturges by the Texas supreme court in order to state the trend of the confine the tort.The fourth part mentions compensations for damages and the responsibility of proof about the tortious interference with prospective contractual relations of the American tort law. Firstly, discussing the range of damages in Restatement (second) of torts. Secondly, stating the plaintiffs different burden of proof in different liability standard, in order to illustrate trend of the heavier burden of proof on plaintiff. Finally, stating the defense of defendant in order to highlight the freedom of act and expression.The fifth part brings enlightenment of the tortious interference with prospective contractual relations of the American tort law. Firstly, stating the necessity of acknowledge the tort. There are three reasons. Carry out the function of compensation of China tort law. Lack provisions for such tort and exist the relevant cases in judicial practice. Secondly, stating the feasibility of acknowledge the tort by analysis the fundamental of law and ideology.Finally, in judicial practice, drawing on the useful experience of American tort law to structure the constitution liability and defenses of defendant.