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22 Notre Dame Law. 413 (1946-1947).


Capitalism is most prudent in accepting into its legal system measures of governmental regulation which apply to economic relations generally and contract relations particularly. Efforts of the executive, legislative or judicial branches of either British or American governments to directly control phases of contractual relationships have generally met staunch and rigid opposition. The spirit of the sacredness and inviolability of the contract relation was a logical outgrowth of the capitalistic system in its inception. At that time freedom was a passion, self-sufficiency a goal. From an era thus shrouded and bedecked with individualism, it is little wonder that measures affecting, even protecting, freedom of contractual relations were slow to evolve. In 1853 in England malicious interference with a contract by a third person was definitely recognized as a tort. At this time, however, this form of judicial protection of the contract relation appeared to most businessmen in the United States as an interference with economic freedom; yet slowly and certainly the tort of malicious interference with contractual relations has developed in this country.


Reprinted with permission of Notre Dame Law Review (previously Notre Dame Lawyer).



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