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Knowing is half the battle: the economic torts and lender liability

24 November 2024 / Author(s): Craig Morrison KC
Issue: December 2024 / Categories: Feature
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Lenders’ decisions will often prejudice third parties that have dealt with their borrowers. The third parties might then seek redress from the lenders, in a claim under one or more of the economic torts of: (i) inducing a breach of contract; and (ii) unlawful means conspiracy. This article summarises the key requirements for liability under each of the torts, together with the potential risks that lenders should be aware of in relation to each tort. It then considers the potential steps that lenders can take to mitigate their risk.

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