When is a defendant exempted from injunctive relief in an inducing breach of contract and/or refusal to deal action?
When his attempt to induce third parties in their relationship with someone is privileged. In determining whether a privilege exists, the courts will consider the following: (i) What kind of relationship is defendant's conduct affecting? (That is, inducing someone to breach a contract is worse that inducing a refusal to deal.); (ii) What is the nature of defendant's conduct? (The "softer" the method of inducement, the more likely it is privileged.); (iii) What is the relationship between parties? If defendant is a competitor of plaintiff, he may have a privilege to induce a refusal to deal, but this privilege is usually not extended to cover inducements to breach a contract? What is the relationship to the third party being induced? If defendant has responsibility for the third party or a financial interest in the third party, or the third party sought his advice, there is likely a privilege; (iv) What are defendant's motives?; and (v) What social interests might be advanced?