The liability of a third party for interfering with an exclusive dealing arrangement

Abstract

This article examines the liability of a third party for interfering with an exclusive deal­ing arrangement in a commercial contract. It ex­plores whether this liability is strict and addresses the question of assessing damages. The third party is expected to refrain from interfering with the performance of the contract. If the third party violates this duty, they may be found liable for the damages suffered by the affected party. In this scenario, a previous knowledge of the contract appears to be essential for assessing the third party’s liability. Additionally, it should be noted that the agent’s negligent or willful conduct must be closely linked to the assessment of damages.