Exchange Telegraph v Giulanotti [1958] ScotCS CSOH_7 (19 November 1958)

Exchange Telegraph v Giulanotti [1958] ScotCS CSOH_7 (19 November 1958)

The defender intentionally and without lawful justification induced subscribers to breach their contracts with the pursuers by obtaining and using the pursuers' news service without authorisation, causing damage to the pursuers. The pursuers are entitled to interdict against the defender's conduct. The alternative claim based on property rights in the news and the claim for payment on the basis of quantum lucratus fail.

Citation
[1958] ScotCS CSOH_7
Parties
Pursuer: Exchange Telegraph Co; Defender: Giulianotti
Jurisdiction
Scotland
Judgment Date
19 November 1958
Procedural Posture
Civil / First Instance
Outcome
Interdict granted in terms of the first and second conclusions; other pleas repelled; claim for payment refused.
Legal Topics
Inducement of Breach of Contract, Interdict (injunction), Property in Information, Acquiescence, Illegality of Contract
Contract Law Tort/delict Inducement of Breach of Contract Interdict (injunction) Property in Information Acquiescence Illegality of Contract

Case Brief

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Parties

Exchange Telegraph Co

Pursuer

Giulianotti

Defender

Procedural Posture

Civil / First Instance

Legal Issues

  1. 1 Whether the defender induced a breach of contract between the pursuers and their subscribers by obtaining and using the pursuers' news service without authorisation
  2. 2 Whether the pursuers have a right to interdict (injunction) against the defender's conduct
  3. 3 Whether the pursuers have a right of property in the news supplied

Ratio Decidendi

The defender intentionally and without lawful justification induced subscribers to breach their contracts with the pursuers by obtaining and using the pursuers' news service without authorisation, causing damage to the pursuers. The pursuers are entitled to interdict against the defender's conduct. The alternative claim based on property rights in the news and the claim for payment on the basis of quantum lucratus fail.

Court Disposition

Interdict granted in terms of the first and second conclusions; other pleas repelled; claim for payment refused.

Orders

  • Interdict granted restraining the defender from using or communicating the pursuers' horse racing news service except as authorised.
  • Claim for payment under quantum lucratus refused.