Economic Torts and Economic Wrongs

Erscheinungsjahr 2021
ISBN: 978-1-5099-3475-1
Verlag: Hart Publishing

Buch, Englisch, 360 Seiten, Hardback, Format (B × H): 156 mm x 234 mm, Gewicht: 685 g

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.

Autoren/Hrsg.

Eldridge, John

Douglas, Michael

Carr, Claudia

Fachgebiete

• Rechtswissenschaften Ausländisches Recht Common Law (UK, USA, Australien u.a.)

Inhaltsverzeichnis

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 KC, 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

Über Autor(innen)

Carr, Claudia
Claudia Carr is a lawyer at Herbert Smith Freehills, Australia.

Eldridge, John
John Eldridge is a Barrister at Serle Court, London, UK.

Douglas, Michael
Michael Douglas is Senior Lecturer at UWA Law School, University of Western Australia.

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