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An Analysis Of The Economic Torts
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Book Synopsis An Analysis of the Economic Torts by : Hazel Carty
Download or read book An Analysis of the Economic Torts written by Hazel Carty and published by Oxford University Press on Demand. This book was released on 2001 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: The economic torts provide the common law rules on liability for the infliction of pure economic loss. They include the torts of conspiracy, inducing breach of contract, intimidation, unlawful interference with trade, deceit and malicious falsehood. These torts represent the common law's attempt to balance the need to protect claimants against those who inflict economic harm and the wider need to allow effective, even aggressive, competition (including competition between employers and their workers). Given their controversial setting it ishardly surprising to discover that this area of tort law is confused and confusing, with the limits of liability imprecise. Hazel Carty's book creates order out of chaos by offering a thorough analysis of all the economic torts in order to provide a framework for their scope and development. Such a comprehensive analysis has not been undertaken since Heydon's work in 1978. What is revealed is an approach to the economictorts that breaks with the traditional analysis to underline the interconnections and differences between these torts that have been overlooked in the past. The overall aim of this book is to provide a text that is both intellectually satisfying to the tort scholar and of practical worth to thepractitioner.
Book Synopsis An Analysis of the Economic Torts by : Hazel Carty
Download or read book An Analysis of the Economic Torts written by Hazel Carty and published by . This book was released on 2010 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: The economic torts for too long have been under-theorized and under-explored by academics and the judiciary alike. In recent years claimants have exploited the resulting chaos by attempting to use the economic torts in ever more exotic ways. This second edition, as before, attempts to provide practical legal research to both explore the ingredients of all these torts - both the general economic torts (inducing breach of contract, the unlawful means tort, intimidation, the conspiracy torts) and the misrepresentation economic torts (deceit, malicious falsehood and passing off) - and their rationales. And, as before, an optimum framework for these torts is suggested. However that framework has to take on board the apparent tension within the House of Lords as revealed in the recent decisions in OBG v Allan and Total Network v Revenue. Over 100 years ago the House of Lords in the seminal decision of Allen v Flood in theory set the agenda for the modern development of the economic torts. The majority in that case adopted an abstentionist approach to liability for intentionally inflicted economic harm, so that even where intentional and unjustified economic harm was inflicted, liability would not necessarily follow. However, this clear framework for the torts was obscured by subsequent case law, leaving the economic torts in a hopeless muddle by the start of the twenty-first century. A chance to finally sort out this mess was presented to the House of Lords in 2007 in the shape of three conjoined appeals, reported under the name OBG v Allan. The thrust of the judgments was that a framework for the economic torts was to be established and dicta and decisions that caused problems and incoherence were to be named and shamed. Re-affirming the abstentionist philosophy of Allen v Flood Lord Hoffmann and Nicholls and Baroness Hale in part relied upon the first edition of An Analysis of the Economic Torts, Lord Hoffmann noting "... if what I have said does anything to clarify what has been described as an extremely obscure branch of the law, much is owing to Hazel Carty's book An Analysis of the Economic Torts ". However, within 10 months of the OBG decision, a differently constituted HL in Total Network SL v Revenue and Customs Commissioners undermined this nascent coherence and did so by focusing on the conspiracy torts (previously dismissed by some commentators as anomalous or superfluous). Distinguishing OBG (which did not as such analyse the conspiracy torts) the House of Lords in Total Network may have shifted the general economic torts from the abstentionist to the interventionist track of development. Thus it is suggested that conflicting agendas for general economic liability can be discerned in the OBG and Total Network judgments. These agendas are debated (against the background of the growing academic debate) and a coherent approach suggested. As for the misrepresentation torts their potential for development is also discussed and the peril of allowing them to transform into unfair trading or misappropriation torts is explained. As a result, the second edition involves a substantial re-write of the first edition. However, the thesis of the author remains that a coherent framework for these torts can best be constructed based on a narrow remit for the common law.
Book Synopsis The Economic Structure of Tort Law by : William M. Landes
Download or read book The Economic Structure of Tort Law written by William M. Landes and published by Harvard University Press. This book was released on 1987 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by a lawyer and an economist, this is the first full-length economic study of tort law--the body of law that governs liability for accidents and for intentional wrongs such as battery and defamation. Landes and Posner propose that tort law is best understood as a system for achieving an efficient allocation of resources to safety--that, on the whole, rules and doctrines of tort law encourage the optimal investment in safety by potential injurers and potential victims. The book contains both a comprehensive description of the major doctrines of tort law and a series of formal economic models used to explore the economic properties of these doctrines. All the formal models are translated into simple commonsense terms so that the "math less" reader can follow the text without difficulty; legal jargon is also avoided, for the sake of economists and other readers not trained in the law. Although the primary focus is on explaining existing doctrines rather than on exploring their implementation by juries, insurance adjusters, and other "real world" actors, the book has obvious pertinence to the ongoing controversies over damage awards, insurance rates and availability, and reform of tort law-in fact it is an essential prerequisite to sound reform. Among other timely topics, the authors discuss punitive damage awards in products liability cases, the evolution of products liability law, and the problem of liability for "mass disaster" torts, such as might be produced by a nuclear accident. More generally, this book is an important contribution to the "law and economics" movement, the most exciting and controversial development in modern legal education and scholarship, and will become an obligatory reference for all who are concerned with the study of tort law.
Book Synopsis Research Handbook on the Economics of Torts by : Jennifer Arlen
Download or read book Research Handbook on the Economics of Torts written by Jennifer Arlen and published by Edward Elgar Publishing. This book was released on 2013-11-29 with total page 668 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focusing on issues of vital importance to those seeking to understand and reform the tort system, this volume takes a multi-disciplinary approach, including theoretical economic analysis, empirical analysis, socio-economic analysis, and behavioral anal
Download or read book Tort Law written by Richard A. Posner and published by Aspen Publishers. This book was released on 1982 with total page 934 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Economic Torts and Economic Wrongs by : John Eldridge
Download or read book Economic Torts and Economic Wrongs written by John Eldridge and published by Bloomsbury Publishing. This book was released on 2021-09-23 with total page 598 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Economic Analysis of Tort and Products Liability Law by : Jenny Bourne Wahl
Download or read book Economic Analysis of Tort and Products Liability Law written by Jenny Bourne Wahl and published by Taylor & Francis. This book was released on 1998 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 1999. Routledge is an imprint of Taylor & Francis, an informa company.
Book Synopsis Economic Analysis of Law by : Anurag Tripathi
Download or read book Economic Analysis of Law written by Anurag Tripathi and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper seeks to present an integral conception of Economic tort, with the economic analysis of the comparative study of its working. The article considers the enforcement of economic tort and what are the problems and issues during the enforcement of economic tort. The economic tort, as its name suggests, has its primary function, the protection of victim's economic interest of his existing financial expectations and whoever interfere will be liable. As it includes tort of simple conspiracy, breach of contract, unlawful interference with trade, intimidation, deceit and malicious falsehood, all these are torts of intention. Instead of these, the economic tort includes passing off, and the tort of negligence although it's applied in a very narrow way. The economic tort is categorized into two categories: firstly general tort and secondly misrepresentation torts. Economic tort plays a very important role in the regulation of competition and protest against unfair practices in the economic behaviour. The economic analysis of the tort law (economic tort) is very much similar with the economic approach of law. And its goal is namely efficiency i.e. optimal cost reduction. For example the cost the accident for which one is responsible are sunk. We cannot do anything for them. The only thing that can be done is shift the cost from the victim. That is of the part of the theory of the litigation 'the shift of the fees'. The most important feature is that whether the actor has taken into account interest of the others or not. If the actor has taken into account means, in another way it is trying to show the intention of the actor and that is very important for the enforcement of law.
Book Synopsis The Province and Politics of the Economic Torts by : John Murphy
Download or read book The Province and Politics of the Economic Torts written by John Murphy and published by Bloomsbury Publishing. This book was released on 2022-02-24 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Economic Analysis of Tort Law by : Malabika Pal
Download or read book Economic Analysis of Tort Law written by Malabika Pal and published by Taylor & Francis. This book was released on 2019-09-02 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book looks at the negligence concept of tort law and studies the efficiency issue arising from the determination of negligence. It does so by scrutinizing actual court decisions from three common law jurisdictions – Britain, India and the United States of America. This volume fills a very significant gap, scrutinizing 52 landmark judgments from these three countries, by focussing on the negligent affliction of economic loss determined by common law courts and how these findings relate to the existing theoretical literature. By doing so, it examines the formalization of legal concepts in theory, primarily the question of negligence determination and liability, and their centrality in theories concerning tort law. This book will be very helpful for students, professors and practitioners of law, jurisprudence and legal theory. It will additionally be of use to researchers and academics interested in law and economics, procedure and legal history.
Book Synopsis Intentional Infliction of Economic Harm by : Kate Simon
Download or read book Intentional Infliction of Economic Harm written by Kate Simon and published by . This book was released on 1999 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Economic Torts in Canada by : Peter T. Burns
Download or read book Economic Torts in Canada written by Peter T. Burns and published by . This book was released on 2016-08 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Recognizing Wrongs by : John C. P. Goldberg
Download or read book Recognizing Wrongs written by John C. P. Goldberg and published by Harvard University Press. This book was released on 2020-02-04 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: Two preeminent legal scholars explain what tort law is all about and why it matters, and describe their own view of tort’s philosophical basis: civil recourse theory. Tort law is badly misunderstood. In the popular imagination, it is “Robin Hood” law. Law professors, meanwhile, mostly dismiss it as an archaic, inefficient way to compensate victims and incentivize safety precautions. In Recognizing Wrongs, John Goldberg and Benjamin Zipursky explain the distinctive and important role that tort law plays in our legal system: it defines injurious wrongs and provides victims with the power to respond to those wrongs civilly. Tort law rests on a basic and powerful ideal: a person who has been mistreated by another in a manner that the law forbids is entitled to an avenue of civil recourse against the wrongdoer. Through tort law, government fulfills its political obligation to provide this law of wrongs and redress. In Recognizing Wrongs, Goldberg and Zipursky systematically explain how their “civil recourse” conception makes sense of tort doctrine and captures the ways in which the law of torts contributes to the maintenance of a just polity. Recognizing Wrongs aims to unseat both the leading philosophical theory of tort law—corrective justice theory—and the approaches favored by the law-and-economics movement. It also sheds new light on central figures of American jurisprudence, including former Supreme Court Justices Oliver Wendell Holmes, Jr., and Benjamin Cardozo. In the process, it addresses hotly contested contemporary issues in the law of damages, defamation, malpractice, mass torts, and products liability.
Book Synopsis Economic Analysis of Tort Law by : Malabika Pal
Download or read book Economic Analysis of Tort Law written by Malabika Pal and published by Routledge Chapman & Hall. This book was released on 2020 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on author's thesis (doctoral - Jawaharlal Nehru University, 2012).
Book Synopsis An Economic Analysis of Tort Law by : Steven Shavell
Download or read book An Economic Analysis of Tort Law written by Steven Shavell and published by . This book was released on 1986 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Economic Analysis of Liability Rules by : Satish Kumar Jain
Download or read book Economic Analysis of Liability Rules written by Satish Kumar Jain and published by . This book was released on 2014-12-31 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Economic Torts written by Tony Weir and published by Oxford University Press on Demand. This book was released on 1997 with total page 130 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is based closely on the lectures delivered by Tony Weir in 1996 as part of the Clarendon Law lectures series sponsored by Oxford University Press. It is an exciting and provocative book which contains a number of controversial propositions, defended with vigour by its author. Thethree lectures reproduced here deal with liability in tort for intentionally inflicted economic loss. They are characterized by a very unusual combination of bold leading statements and multi-layered supporting analysis. There are also useful Appendices containing full case transcripts of recent,significant cases, including Millar v Bassey and de Voto v Pacific. This book will be irresistible to all scholars of the law of tort, and the author's reputation alone will ensure this book is well-received.