Economic Torts and Economic Wrongs

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.

Auteur

John Eldridge is Pupil Barrister at Serle Court, London, UK.
Michael Douglas is Senior Lecturer at The University of Western Australia Law School.
Claudia Carr is a Lawyer at Herbert Smith Freehills, Australia.

Contenu

Introduction
John Eldridge Serle Court, London, UK, Michael Douglas, University of Western Australia and Claudia Carr, Clifford Chance

2. The 'Property' Paradigm in Torts Protecting Contractual Interests
   Zhong Xing Tan, National University of Singapore
   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
   Michael Douglas, University of Western Australia
   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?
   Andrew Stewart, University of Adelaide, Australia and Shae McCrystal, University of Sydney, Australia
   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
   Dr Katy Barnett, University of Melbourne, Australia
   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
   Dr Bobby WM Lindsay, University of Glasgow, UK
   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
   Paula Giliker, University of Bristol, UK
   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
   Hilary Young, University of New Brunswick, Canada
   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
   Anna Bunn Curtin University, Australia and Michael Douglas, University of Western Australia
   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
    The Hon Geoffrey Nettle AC QC, former Justice of the High Court of Australia and Daniel Farinha, Eleven Wentworth, Sydney
    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
    Simone Degeling, University of New South Wales, Australia
    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?
    Claudia Carr, Clifford Chance
    I. Introduction
    II. Problematic Banking Practices
    III. Addressing the Issue through Lawful Act Duress
    IV. Conclusion
13. Developing a Rational Law of Misleading Conduct
    Elise Bant, University of Western Australia and Jeannie Marie Paterson, University of Melbourne, Australia
    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
    Samuel Beswick, University of British Columbia, Canada
    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