October 11, 2003. TORTIOUS INTERFERENCE AND ALIENATION OF AFFECTIONS.

My own talk on tortious interference with contract went well at the Midwest Law and Economics Association meeting in Indy, even though the paper is still at a rather early stage. I'm generally skeptical of the tort, except in the one application where it is specifically disallowed in Section 766 of the Restatement Second of Torts: marriage.

One who intentionally and improperly interferes with the performance of a contract (except a contract to marry) between another and a third person by inducing or otherwise causing the third person not to perform the contract, is subject to liability to the other for the pecuniary loss resulting to the other from the failure of the third person to perform the contract.
This tort action would be useful to apply to situations where a rich woman breaks up a marriage between a poor man and a poor woman. The rich adulteress could be sued by the poor wife, who wouldn't have anything to gain by suing the poor husband. If the rich adulteress really wanted the poor husband, she could have him, but only if she paid compensation (and perhaps punitive damages). But this is disallowed. My guess is that this is for the historical reason that many, perhaps most, states abolished the actions of alienation of affections and breach of promise, so it seemed that state legislatures usually wanted the exception for marriage contracts. Why states abolished them is another interesting question. I touch on the laws a little in my adultery article of a couple of years back.

By the way: this was the first conference I've attended where a majority of the audience had laptops out as they listened. Indeed, I don't remember even having more than 5 people with laptops out at any other conference. I wonder if we are leading a trend, or if it's just that people who enjoy law and economics conference in Indianapolis are nerdier even than the average economist or lawyer? [ permalink, http://php.indiana.edu/~erasmuse/w/03.10.11b.htm ]

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