Economic Torts and Economic Wrongs

Description

This book explores contemporary issues in respect of causes of action which operate to protect a plaintiff’s economic interests. It examines the question from across the spectrum of private law. Focusing mainly on common law principles, it looks in particular at the treatment of such causes of action in the United Kingdom, Australia, Canada and Singapore as well as other common law jurisdictions. Addressing both theoretical and doctrinal issues, this important book will appeal to both private law scholars and practitioners. Volume 39 in the series Hart Studies in Private Law Foreword Acknowledgements Table of Contents Notes on Contributors 1. Introduction 2. The 'Property' Paradigm in Torts Protecting Contractual Interests I. Introduction II. The Property Paradigm III. Problems with the Property Paradigm IV. Towards a Pluralistic Conception V. Conclusion 3. Defamation as an Economic Tort I. Introduction II. What Criteria Determine the Identity of the Economic Torts? III. The Interest Protected by Defamation IV. How the Underlying Interest is Protected by Defamation Law: Remedies V. The Serious Harm Threshold VI. Why it Matters 4. Regulating Labour Relations in the Twenty-First Century: What Role for the Economic Torts? I. The Development of Economic Tort Liability for Industrial Action II. The Current State of the Common Law III. Statutory Limitations IV. Use of the Economic Torts by Employers V. The Right to Strike as a Normative Justification for Excluding or Limiting the Economic Torts VI. Towards 'Coherence' in Liability for Industrial Action 5. Inducing Breach of Contract I. Introduction II. History of Inducing Breach of Contract III. The Tort of Inducing Breach of Contract in Australia Today IV. Stepping Back: The Nature of the Primary Wrong V. Conclusion 6. Cross-Border Civil Conspiracy I. Introduction II. The Present State of the Conspiracy Tort(s) III. Jurisdiction IV. Choice of Law V. Unlawful Means under Foreign Law? VI. Conclusion 7. Economic Wrongs and Private Nuisance: A Common Law Perspective I. Introduction II. Interference with Economic Interests in Private Nuisance III. Interference with Economic Interests: Remedies IV. Interference with Economic Interests: Tensions with Negligence? V. Conclusions 8. Revisiting Injurious Falsehood I. Introduction II. The Tort of Injurious Falsehood III. Empirical Study of Injurious Falsehood IV. Final Thoughts V. Conclusion 9. Regulation of GM Farming via Private Nuisance I. Introduction II. GM Farming and its Regulation III. Private Nuisance as a Vehicle for Regulation IV. Application to GM Farming V. Conclusion 10. Misfeasance by Directors: Past, Present and Future I. Introduction II. Development of the Duty III. Statutory Intervention IV. Prospects for the Future 11. Fiduciaries, Equitable Compensation and Lost Commercial Opportunity: Reconciling the Need for Financial Loss I. Is the Lost Commercial Opportunity Productive of Financial Loss? II. Certainty of Loss and Equitable Compensation III. Normative Accounts of Fiduciary Obligations 12. Lawful Act Duress: Part of the Solution to Problematic Banking Practices? I. Introduction II. Problematic Banking Practices III. Addressing the Issue through Lawful Act Duress IV. Conclusion 13. Developing a Rational Law of Misleading Conduct I. Introduction II. The Core Statutory Norm Prohibiting Misleading Conduct III. Wrong Turns Taken IV. Getting Back on Track V. Conclusion 14. Interference by Precedent I. Introduction II. Immunity from Retrospective Mistakes of Law? III. Immunity from Abolition of Immunity? IV. Immunity from 'Judicial Takings'? Two Paradigm Cases V. Limits on Uncertainty Index