June 03, 2014 Articles

Revisiting the Restatement's Tortious Interference Provisions

The drafters of this important treatise should fashion a tort that is meaningful and enforceable.

By Ryan M. Connor

Most American jurisdictions look to the Restatement (Second) of Torts to guide their analyses of the torts of tortious interference with contract and tortious interference with prospective contractual relations. Unfortunately, although the Restatement framework has provided some guidance to practitioners and courts, it has largely led to confusion and unpredictability. As part of the ongoing effort to update the Restatement, the American Law Institute (ALI) is now undertaking to update the Restatement provisions related to economic harm.

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