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Compensation for Interference with Contractual Rights – Liability in Tort

JFT 3/2012 s. 159–180
15.5.2012
Asiantuntija-artikkeli

The possible liability in tort of a party who knowingly interferes with another party’s contractual relations is interesting both theoretically and from a practical point of view. Economic loss caused by a third party’s interference is typically pure economic loss and certain criteria must be satisfied for such lost to be compensated. Finnish law has traditionally been reluctant to award compensation for pure economic loss, and, according to the Finnish Tort Act, compensation will only be paid if the loss has been caused by a criminal act, by an administrative body in the exercise of its authority or where there is some other particularly weighty reason for awarding compensation. Only the last criterion of a particularly weighty reason will be discussed in this article. The study is divided into three main parts. Firstly, we examine Finnish court practice regarding the notion of a particularly weighty reason and make some comparisons with Swedish case law. Is it possible to find any guidelines to help us answer questions concerning compensation for interference with contractual rights? Secondly we present and summarise views expressed in the legal literature. The final part discusses possible answers to the questions posed and presents some conclusions.

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