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All ▸ Bar 2024 ▸ CIVIL LAW ▸ II. HUMAN RELATIONS ▸ D. Tortious Interference (Civil Code, Art. 1314)

Question

II. HUMAN RELATIONS: D. Tortious Interference (Civil Code, Art. 1314)

Mr. Santos owns a successful business selling imported electronics. He had an exclusive agreement with Company A to be the sole distributor of their products in the country. However, Ms. Reyes, a former associate of Mr. Santos, started her own business and began selling the same imported electronics, directly competing with Mr. Santos' business.

In this scenario, discuss the concept of tortious interference as governed by Article 1314 of the Civil Code of the Philippines. Analyze the elements of tortious interference and discuss whether or not Ms. Reyes' actions constitute a violation of this provision. Support your answer with relevant provisions of the Civil Code and any relevant jurisprudence.

Additionally, if Mr. Santos decides to pursue legal action against Ms. Reyes for tortious interference, what remedies are available to him under Philippine law? Discuss the possible legal remedies and their implications in this situation.

Word Limit: 500 words



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