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The Province and Politics of the Economic Torts

The Province and Politics of the Economic Torts

Author: John Murphy
Publisher: Hart Publishing
ISBN: 9781509927319

Published In: February 2022
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781509955480

List Price: HKD 1,235.00

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Contents

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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.

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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