Full Description
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.
Contents
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
