The Study On The Civil Liability Of Tortious Interference With Prospective Contractual Relationship Of American Tort Law

Interference with the prospective contractual relationship is an independent tort of America tort law,which is a deliberate and unjustified interference with a prospective contractual relationship,causing the contracting parties who desire to conclude a contract cannot reach to their aim or increasing the cost.The offender is responsible for the infringement of the damage suffered by others.The civil liability of the offender in the American law can be divided into compensatory damages,spiritual damages and punitive damages,which has formed relatively mature rules of responsibility identification in America judicial practice.China's law does not directly stipulate this type of infringement.Article 42 of our Contract Law protects the contracting interests,but the liability limited to the parties to the contract.The Article 17 of our Unfair Competition Law stipulate that operators who carry out the unfair competition shall bear the civil liability for compensation.However,the determination of the amount of compensation in practice lacks a clear standard,and defamation of goodwill in actual acts of unfair competition is actually a concrete manifestation of the third party's interference with the prospective contractual relationship.Although our country's law does not directly stipulate that a third party interferes with the prospective contractual relationship as a tort,it has been adjusted through other rules in some legal relationships.Studying the third party's civil compensation liability for interference with the prospective contractual relationship in the American tort law has a practical significance in the practical implementation of China's judicial practice,but Chinese scholars have very little research on this issue.This paper studies the civil liability for third party interference with the prospective contractual relationship in American tort law,which is divided into five parts.The first part is an overview of the third party's interference with the prospective contractual relationship in American tort law.This section outlines the basic concepts of the third party's interference with the prospective contractual relationship,and elaborates the emergence and development of the third party's interference with the prospective contractual relationship in American tort law.The second part is about the compensatory damages liability.It introduces the constitutive requirements of the third party's interference in the prospective contractual relations in American tort law,and focuses on the actual damages in the law.And by reviewing the scope of the compensation and the way of determining the amount of compensation of the United States jurisprudence,it discusses in detail when the damage can be proved and the damage unprovable.The provable damage includes direct loss and indirect loss.Non-provable damage bears nominal damage liability.The third part is the spiritual damage liability.This section focuses on the "Restatement of the US Tort Law" and the case as the object of study.The constitutional elements of spiritual damage liability and the determination of the amount of it are described.The fourth part is the punitive liability.It mainly describes the application of punitive damages of interference prospective contracts in American tort law,including the satisfaction of the general constituent requirements of punitive damages and the way to count the specific amount.American courts usually has to ways to determine the final amount of the punitive damages,one is making the proportional relationship between the amount of punitive damages and the net assets of the actor,and the other is making the proportional relationship between the amount of punitive damages and the amount of compensatory damages.In special circumstances,the attorneys' fees are also part of punitive damages.The last part is the enlightenment of the third party's interference with the prospective contractual relationship.This section proceeds from the civil liability for contractual negligence of Article 42 of the Contract Law and the unfair competition of the operator of Article 17 of the Anti-Unfair Competition Law,and discusses the protection of contracting interests by our country's laws.It has limitations on the applicable subject and scope of application.Finally,the author proposes to establish interference with the prospective contractual relationship in our country's tort law as an independent tort,so as to protect the interests of contracting parties better and better.