½Û×ÓÊÓÆµ

Commentary

(b) Knowledge and intention

Division NII Industrial Action
| Commentary

(b) Knowledge and intention

| Commentary

Lumley v Gye is a tort of intention. Its nature is malicious procurement, and malice, in law, involves deliberately doing that which you know is wrong. In principle, therefore, it must be shown that the defendant intended to cause the breach of contract (OBG Ltd v Allan [2007] UKHL 21, [2007] IRLR 608, per Lord Hoffmann at [8]; Meretz Investments NV v ACP Ltd [2007] EWCA Civ 1303, [2008] Ch 244, per Arden LJ at [113]). This means that the defendant must have the requisite knowledge that the action he was seeking to persuade the third party to take would put the third party in breach of contract. Beyond the necessary knowledge of the consequence of what the defendant is urging the third party to do, there may it seems also be a further intention requirement, namely some degree

To continue reading
Analyse the law and clarify obscure passages all within a practical context.