Philippine Laws -Simplified | Free Legal Advice

Welcome! I'm Giancarlo Enrico S. Pozon, a Wushu instructor, investor and Barrister... That's right, Barrister; I graduated from law school and took the Bar Exams, now I'm waiting for the results. I created this blog to make Philippine Law easy to understand for the average person. It's all about free legal advice. There are many law blogs. But the problem is that many of them are written for lawyers and law students. They use words that can't be understood by ordinary people. Many lawyers, judges and law students consider themselves as superior to most human beings because of their knowledge of the law. It bothers me since the law is supposed to serve society. Since the law is meant to serve society as a whole, it is important that is must be understood by everybody. This does not mean that we should all become lawyers. It means that although law is a highly specialized profession, the first duty of everybody in this profession is to make the law understandable to all; that's why all these articles are free legal advice. Like I said, this blog is about law -but it's for the ordinary people, not the lawyers. It's for the ordinary folk so they will know what is good and bad for them, and that making them aware of the law will help us all improve society as a whole. This is free legal advice for everybody!

Contractual Interference

Saturday, April 9, 2011

This is something you should watch out for. Contractual interference occurs when a third party induces one of the parties to a contract to violate the contract itself. The elements are:

1.) A valid contract exists between 2 or more persons
2.) A third person induces one of the parties to violate the contract
3.) The third person is a stranger (not one of the parties)
4.) The interference had no valid excuse or lacks legal justification

When a contractual interference occurs, the meddling outsider becomes liable in solidum together with the party who made the violation. This means that either the stranger, the violating party, or both can be sued for damages if there is a contract breach. However, if the outsider's interference was honest and meant to protect the party he is conniving with from danger to his life or property, the outsider can't be sued for contractual interference. There's a case on that; So Ping vs. CA 314 SCRA 751.

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