An Analysis Of The Economic Torts
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An Analysis Of The Economic Torts
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Author : Hazel Carty
language : en
Publisher: Oxford University Press on Demand
Release Date : 2001
An Analysis Of The Economic Torts written by Hazel Carty and has been published by Oxford University Press on Demand this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Law categories.
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.
An Analysis Of The Economic Torts
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Author : Hazel Carty
language : en
Publisher:
Release Date : 2010
An Analysis Of The Economic Torts written by Hazel Carty and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Law categories.
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.
Economic Analysis Of Tort Law
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Author : Malabika Pal
language : en
Publisher: Taylor & Francis
Release Date : 2019-09-02
Economic Analysis Of Tort Law written by Malabika Pal and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-09-02 with Law categories.
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.
The Economic Structure Of Tort Law
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Author : William M. Landes
language : en
Publisher: Harvard University Press
Release Date : 1987
The Economic Structure Of Tort Law written by William M. Landes and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1987 with Business & Economics categories.
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.
Tort Law
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Author : Richard A. Posner
language : en
Publisher: Aspen Publishers
Release Date : 1982
Tort Law written by Richard A. Posner and has been published by Aspen Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 1982 with Law categories.
Research Handbook On The Economics Of Torts
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Author : Jennifer Arlen
language : en
Publisher: Edward Elgar Publishing
Release Date : 2013-11-29
Research Handbook On The Economics Of Torts written by Jennifer Arlen and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-11-29 with Law categories.
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
Economic Torts
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Author : Tony Weir
language : en
Publisher: Oxford University Press on Demand
Release Date : 1997
Economic Torts written by Tony Weir and has been published by Oxford University Press on Demand this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997 with Law categories.
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.
Economic Torts And Economic Wrongs
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Author :
language : en
Publisher:
Release Date : 2021
Economic Torts And Economic Wrongs written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with Electronic books categories.
"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 where its principles vindicate economic interests. Guided by this principle of coherence, chapters address contract, tort law and the law of equity and restitution. Focusing in the main on the common law principles, examples the question and its treatment 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."--
Tort Law And Economics
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Author : Michael Faure
language : en
Publisher: Edward Elgar Publishing
Release Date : 2009-01-01
Tort Law And Economics written by Michael Faure and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-01-01 with Law categories.
The central goal of this book is to provide a state-of-the-art overview of the literature with respect to the economic analysis of tort law. It sure meets the challenge, offering with great expertise a comprehensive presentation of tort law in both economic and comparative perspectives. The clarity of the text, unusual in the law and economics literature, makes the book accessible to a broad readership of economists with a limited legal background and lawyers with limited economic skills. Olivier Moreteau, Louisiana State University, US Tort Law and Economics, ed. Michael Faure, provides a highly useful economic overview of the most important topics of tort law. The authors clearly show the main developments of the discussion, examining the results of recent studies and stating their own opinions. Detailed bibliographies are included. The volume has to be warmly recommended to friends and foes of economic analysis who are provided with a comprehensive update in this field while also indicating areas which critics have to focus on. Helmut Koziol, European Centre of Tort and Insurance Law, Austria This volume provides a state-of-the-art overview of the literature on the economic analysis of tort law. In sixteen chapters, the specialist authors guide the reader through the often vast literature in each domain providing a balanced and comprehensive summary. Particular attention is paid to the evolution of the field, further refinements to economic models and relevant conclusions and lessons for the policymaker. Tort Law and Economics is part of the Encyclopedia of Law and Economics, and enables readers, some not familiar with law and economics, to obtain an insight in the relevant economic literature concerning tort law and economics. This book will be of interest to lawyers and economists, practitioners and academics interested in accident law, tort law, insurance and regulation. It will also appeal to students in economic analysis of law and policymakers working on prevention of accidents, tort law or compensation of accident victims.
Economic Analysis Of Tort And Products Liability Law
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Author : Jenny Bourne Wahl
language : en
Publisher: Taylor & Francis
Release Date : 1998
Economic Analysis Of Tort And Products Liability Law written by Jenny Bourne Wahl and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with Law categories.
First published in 1999. Routledge is an imprint of Taylor & Francis, an informa company.