Economic torts play a key role in the development of private law more generally. Indeed, the landmark case of OBG v Allan (2008) provided one of the most important decisions in the whole of the law of torts in the last generation, as the House of Lords sought to bring order to an area of the law that has long been beset by doctrinal and theoretical puzzles. Probably the most enduring question of all in this area is whether the economic torts can be unified. This book argues that the search for unity is a will o’ the wisp. More particularly, it shows that although some juridical connections exist between some of these torts, there is far more that separates them than unites them. Offering a unique perspective, this is a landmark publication on the law of economic torts.
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1. Introduction
I. Identifying ‘The Economic Torts’
A. One Major Problem
B. The Major Problem in Historical Perspective
II. The Actions Dealt with in this Book
III. Aims and Theses
IV. Structure of the Book
2. The Mistake of Monism
I. Introduction
II. Leading Monistic Accounts
III. The Limitations of Monism
A. The Conventional View
B. The Rights-Based View
C. The Kantian View
IV. Conclusion
3. Inducing Breach of Contract
I. An Inexplicable Action?
A. Attempted Rationales
B. An Alternative View
II. An Action Protecting Purely Economic Interests?
A. A Lesson from ‘Status-Based’ Theory
B. A Lesson from the ‘Property Thesis’
C. A Lesson from ‘Accessory (or Secondary) Liability Theory’
III. Conclusion
4. Torts Requiring Unlawful Means
I. Introduction
II. Causing Loss by Unlawful Means
A. The Conventional View on Scope
B. Challenges to the Conventional View on Scope
C. The Rationale of the Unlawful Means Tort
III. Unlawful Means Conspiracy
A. Distinctiveness of the Tort
B. Scope and Potential of Unlawful Means Conspiracy
IV. Conclusion
5. Lawful Means Conspiracy and Intimidation 2
I. Lawful Means Conspiracy
A. Vitality
B. Rationale
C. Merits
D. Potential
E. Reservations
F. Final Remarks
II. Two-Party Intimidation
A. Introduction
B. Vitality
C. Gist
D. Merits and Potential
E. Other Reservations
F. Final Remarks
6. The Misrepresentation Torts
I. Introduction
II. Passing Off
A. Protected Interest
B. The Relevance of Reprehensible Conduct
C. The Future
D. Final Remarks
III. Injurious Falsehood
A. Vitality
B. Protected Interests
C. The Need for Malice
D. Future Prospects
E. Final Remarks
IV. Deceit
A. Protected Interests
B. Egregious Wrongdoing
C. Final Remarks
V. Conclusion
7. Connections and Distinctions
I. Monism Revisited
II. Juridical Links and Distinctions
A. Mental Elements
B. Unlawful Means
C. Conclusion on Juridical Links and Distinctions
III. Structural Links and Distinctions
IV. Functional Links and Distinctions
A. Torts Protecting a Range of Interests
B. Torts with a Clear Alternative Rationale
C. Conclusion on Functional Distinctions
V. Overall Conclusion
8. Genesis and Evolution
I. Introduction
II. Zeitgeist
III. Politics
A. The Commitment to Individualism
B. Faith in Competitive Markets
C. Judicial Hostility Towards Trade Unions 3
IV. The Influence of Juristic Literature
V. Especially Reprehensible Defendants
VI. Conclusion
9. Future Province of the Economic Torts
I. Introduction
II. The Future of the Economic Torts
A. The Legitimacy of Judicial Gap-Filling
B. Constraints on, and Justifications for, Judicial Innovation
III. Interpretivism or Wishful Thinking?
IV. Conclusion

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This landmark publication provides an important new statement on the role of economic torts.
Offers a unique perspective on an oft discussed area of private law

Unrivalled scholarship examining the fundamental doctrines and principles of private law.
This monograph series brings together in one place two types of book: works which examine in-depth the fundamental doctrines and principles of private law, and works which engage with the theoretical underpinnings of private law. The series thus aims to contribute to ever-evolving debates about the nature of private law such as problems of classification and taxonomy, remedies, the relationship with public law and the boundaries of private law generally.
The series includes, but is not confined to, works on contract, tort, unjust enrichment, equity, property and the conflict of laws, welcoming work which intersects with other fields of study to enable a deeper understanding of private law theory and practice.

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Produktdetaljer

ISBN
9781509955480
Publisert
2023-06-15
Utgiver
Bloomsbury Publishing PLC
Høyde
234 mm
Bredde
156 mm
Aldersnivå
U, 05
Språk
Product language
Engelsk
Format
Product format
Heftet
Antall sider
320

Forfatter

Biografisk notat

John Murphy is Professor of Law at the University of Lancaster, UK.