Philippine Bar review · Question

Practice question: Tortious Interference

Multiple Choice Hard

Practice question

A plaintiff proves that an outsider knew of its contract but presents no proof that the outsider induced a breach or acted without justification. It asks for liability solely because the outsider is a commercial rival. What is the proper analysis?
  1. Rivalry substitutes for every missing element.
  2. Knowledge conclusively proves malicious inducement.
  3. Knowledge and rivalry alone do not establish the required unjustified interference and resulting liability.
  4. All competitors are guarantors of one another’s contracts.
  5. The outsider must disprove every contract in the market.

Legal references

  • https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html — Civil Code, article1314.
  • https://lawphil.net/judjuris/juri2024/feb2024/gr_226445_2024.html — Tuna Processors v Frescomar, GR 226445 and 226631, February 27 2024, main opinion: valid contract, knowledge, unjustified interference, malice and damages.

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