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Meretz Investments NV and another v ACP Ltd and others [electronic resource]

Language: English Publication details: 2007Subject(s): Online resources: Summary: [2007] EWCA Civ 1303, 11 December 2007. Considers whether a party which acted to protect its own interests in the belief it had the right to do so and caused detriment to the interests of another party, had the intention to cause harm for purposes of the tort of inducing breach of contract. The appellants (M) were sister companies owning freehold of flats. The respondents (A) were companies, one of whom was a subsidiary of the other. When the subsidiary's development of a property encountered problems, possession of the property was sold by the superior company which prevented M from exercising its leaseback option. M appealed the judge's decision, arguing that A were liable for damages due to M's loss of the leaseback option; and that they were liable to M in damages for economic torts. "Held": The subsidiary company of A was liable to M for its loss of leaseback option due to the sale option being exercised. The judge had erred in failing to reach this finding. However M's charge that the companies of A had acted in conspiracy was unfounded. They had shown sound reason for the belief their actions were valid. Appeal allowed in part.
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Item type Current library Call number Copy number Status Barcode
Law report Virtual Online ONLINE PUBLICATION (Browse shelf(Opens below)) 1 Available 142707-1001

[2007] EWCA Civ 1303, 11 December 2007. Considers whether a party which acted to protect its own interests in the belief it had the right to do so and caused detriment to the interests of another party, had the intention to cause harm for purposes of the tort of inducing breach of contract. The appellants (M) were sister companies owning freehold of flats. The respondents (A) were companies, one of whom was a subsidiary of the other. When the subsidiary's development of a property encountered problems, possession of the property was sold by the superior company which prevented M from exercising its leaseback option. M appealed the judge's decision, arguing that A were liable for damages due to M's loss of the leaseback option; and that they were liable to M in damages for economic torts. "Held": The subsidiary company of A was liable to M for its loss of leaseback option due to the sale option being exercised. The judge had erred in failing to reach this finding. However M's charge that the companies of A had acted in conspiracy was unfounded. They had shown sound reason for the belief their actions were valid. Appeal allowed in part.