The Province and Politics of the Economic Torts

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The Province and Politics of the Economic Torts

By John Murphy
Hart Publishing February 2022

Specifications

ISBN-13
9781509927319
Publisher
Hart Publishing
Publication
February 2022
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Paperback

Details

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.

Table of Contents

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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