ietf-asrg
[Top] [All Lists]

RE: [Asrg] draft-irtf-asrg-bcp-blacklists-00

2004-05-05 19:07:28
 
On Wed, 5 May 2004 11:21:05 -0700, Hallam-Baker, Phillip wrote:
. Location is subject
to anti-discrimination statutes which are in general rather weaker
than the tort of contract interference.

Could you please clarify how you understand a blacklist operator to be
involved here if he is not party to the contract?    I have heard this
alleged from time to time but never seen the logic spelt out

Alice signs a contract with Bob in which Bob agrees to paint Alice's
house for $100.

Mallet tells Bob that if he paints Alice's house that he will refuse
to do business with her (or any other threat for that matter).

If Bob does so Alice can sue Bob for failure to complete the contract.
She can also sue Mallet for inducing the breach of contract as if 
Mallet was the defaulter.

To give the full law article treatment:

http://www.lectlaw.com/def/i084.htm

INTENTIONAL INTERFERENCE TORTS WITH PROSPECTIVE ECONOMIC ADVANTAGE

Nature of the Tort of Intentional Interference with Prospective Economic
Advantage

The elements of that tort of are: '(1) an economic relationship between [the
plaintiff and some third person] containing the probability of future
economic benefit to the [plaintiff], (2) knowledge by the defendant of the
existence of the relationship, (3) intentional acts on the part of the
defendant designed to disrupt the relationship, (4) actual disruption of the
relationship, [and] (5) damages to the plaintiff proximately caused by the
acts of the defendant.' (Buckaloo v. Johnson (1975) 14 Cal.3d 815, 827.)

NOTE: The Restatement of Torts explained it this way, 'The essential thing
is the purpose to cause the result. If the actor does not have this purpose,
his conduct does not subject him to liability under this rule even if it has
the unintended effect of deterring the third person from dealing with the
other.' 


The important thing is the intent. The ultimate goal may be to reduce spam,
but that does not mean that the steps taken to achieve that goal are
unintentional. The very clear purpose of 'collateral damage' is to disrupt
that relationship.










                Phill

_______________________________________________
Asrg mailing list
Asrg(_at_)ietf(_dot_)org
https://www1.ietf.org/mailman/listinfo/asrg