Is it worth attracting a competitor’s partner in any circumstance?
The third party accomplice theory is related to the idea that, despite of the freedom of will and the free enterprise, a third party aware of the terms of a contractual relationship, is not allowed to deliberately interfere in that relationship.
Based on the principles of good faith and the social purpose of a contract, the theory‘s purpose is at the same time to prevent third parties from encouraging a party of an agreement to break their commitments and to safeguard the rights established by the agreement.
When prospecting service providers, distributors, commercial representatives or any third party who, admittedly, has a contractual relationship with another party or competitors, companies should consider the implications of a possible termination of the contracts involved, in order to access the liability in indemnifying third affected parties of possible damages and losses. (Portuguese only)