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.
By:
John Murphy (University of Lancaster UK)
Imprint: Hart Publishing
Country of Publication: United Kingdom
Dimensions:
Height: 234mm,
Width: 156mm,
Weight: 621g
ISBN: 9781509927319
ISBN 10: 150992731X
Series: Hart Studies in Private Law
Pages: 320
Publication Date: 24 February 2022
Audience:
College/higher education
,
Primary
Format: Hardback
Publisher's Status: Active
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
John Murphy is Professor of Law at the University of Lancaster, UK.
