Economic torts and economic wrongs / edited by John Eldridge, Michael Douglas, and Claudia Carr.

Oxford : Hart Publishing, 2021.

1st edition

199978

Torts -- Economic aspects.

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.

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, 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. - Publisher's website.

Includes index and bibliographical references.

9781509934751

xiv, 344 pages ; 25 cm