Economic torts are torts that provide the common law rules on liability for the infliction of pure economic loss, such as interference with economic or business relationships. Tort law is the name given to a body of law that creates and provides remedies for civil wrongs that do not arise out of Contractual duties Common law refers to law and the corresponding legal system developed through decisions of courts and similar tribunals rather than through legislative statutes or executive An intentional tort is a category of Torts that describes a civil wrong resulting from an intentional act on the part of the Tortfeasor. For other uses of the term "Assault" please see Assault (disambiguation. At Common law, battery is the Tort of intentionally (or in Australia, negligently and voluntarily bringing about an unconsented harmful or offensive False imprisonment is a Tort, and possibly a Crime, wherein a person is intentionally confined without legal authority Intentional infliction of emotional distress ( IIED) is a Tort claim of recent origin for intentional conduct that results in extreme emotional distress Consent as a term of jurisprudence is a possible defence (an Excuse or justification against civil or criminal liability In Tort common law the defense of necessity gives the state or an individual a privilege to take or use the property of another The right of self-defense (also called alter ego defense, defense of others, defense of a third person) is the right for civilians acting on their Trespass (Fr trespas a crime properly a stepping across from Lat In Law, conversion is an intentional Tort to Personal property (same as Chattel) where defendant's unjustified willful interference with the In Tort law, detinue is an action for the wrongful detention of goods Replevin is an Anglo - French Law term It is the noun form of the verb "replevy" (from Old French "replevir" derived from "plevir" Trover is a form of lawsuit in Common-law countries for recovery of damages for wrongful taking of personal property Privacy law is the area of law concerning the protection and preservation of the Privacy rights of individuals The Tort of breach of confidence, is a Common law tort that protects private information that is conveyed in confidence Abuse of process is a Common law intentional Tort. It is to be distinguished from Malicious prosecution, another type of tort that involves misuse of the Malicious prosecution is a Common law intentional Tort, while like the tort of Abuse of process, its elements include (1 intentionally (and At Common law, alienation of affections is a Tort action brought by a deserted spouse against a third party alleged to be responsible for the failure of the Marriage In the broadest sense a fraud is a Deception made for personal gain or to damage another individual Tortious interference, in the Common law of Tort, occurs when a person intentionally damages the Plaintiff 's Contractual or other business relationships A civil conspiracy or Collusion is an agreement between two or more parties to deprive a third party of legal rights or deceive a third party to obtain an illegal objective Restraint of trade is a Common law doctrine relating to the enforceability of contractual restrictions on freedom to conduct business Nuisance (through Fr noisance nuisance from Lat nocere to hurt is a Common law Tort. For the law of Tort, see Nuisance In the English Criminal law, public nuisance is a class of Common law offence Rylands v Fletcher ( 1868) LR 3 HL 330 is a landmark English legal case in which the Court of the Exchequer Chamber first applied the doctrine Negligence (Lat negligentia from negligere to neglect literally "not to pick up" is a legal concept in the Common law legal systems usually used to In tort law, a duty of care is a legal obligation imposed on an individual requiring that they adhere to a reasonable Standard of care while performing any acts For the English law, see Standard of care in English law. In Tort law, the standard of care is the degree of prudence and caution For English law, see Causation in English law In the Law, a proximate cause is an event sufficiently related to a legally recognizable injury Res ipsa loquitur is a legal term from the Latin meaning "the thing itself speaks" but is more often translated "the thing speaks for itself In the United States, the calculus of negligence, or "Hand rule" is a term coined by Judge Learned Hand and describes a process for determining whether The rescue doctrine of the Law of Torts holds that if a Tortfeasor creates a circumstance that places the tort victim in danger the tortfeasor is A duty to rescue is a concept in Tort law that arises in a narrow number of cases describing a circumstance in which a party can be held liable for failing to come The Tort of negligent infliction of emotional distress (NIED is a controversial legal theory and is not accepted in many United States Jurisdictions Negligence in employment encompasses several causes of action in Tort law which arise where an Employer is held liable for Negligence of an Employee Negligent entrustment is a cause of action in Tort law that arises where one party (the entrustor is held liable for Negligence because they negligently provided In Law, malpractice is a type of negligence in which the Misfeasance, Malfeasance or Nonfeasance of a Professional, under a duty This article is about the Common law concept of a trespasser for the computer game see Jurassic Park Trespasser In the Law of This article is about the Common law concept of a licensee see here for information on Licenses A licensee is a term used In the Law of Torts an invitee is a person who is invited to land by the possessor of the land as a member of the public or one who's invited to the land Attractive nuisance redirects here For the album see Attractive Nuisance. Product liability is the area of law in which manufacturers distributors suppliers retailers and others who make products available to the public are held responsible for the injuries An ultrahazardous activity in the Common law of Torts is one that is so inherently dangerous that a person engaged in such an activity can be held Strictly liable In the United States, comparative negligence is a partial defense that reduces the amount of damages that a plaintiff can recover in a negligence-based claim based upon Contributory negligence is a Common law defense to a claim based on negligence an action in Tort. The last clear chance is a doctrine in the Law of Torts that is employed in Contributory negligence jurisdictions The eggshell skull rule (or thin-skull rule) is a Legal doctrine used in both Tort law and Criminal law that holds an individual liable This article is about vicarious liability in private litigation for vicarious liability in criminal law see Vicarious liability (criminal. Volenti non fit injuria ( Latin: "to a willing person no injury is done" or "no injury is done to a person who consents" is a Common law In civil law, especially Contract law, ex turpi causa non oritur actio is the doctrine that an action may not be founded on illegality In Law, damages refers to the money paid or awarded to a Claimant (England Pursuer (Scotland or Plaintiff (US following a successful An injunction is an Equitable remedy in the form of a Court order, whereby a party is required to do or interact with in certain ways all right or to refrain from Common law refers to law and the corresponding legal system developed through decisions of courts and similar tribunals rather than through legislative statutes or executive A contract is an exchange of promises between two or more parties to do or refrain from doing an act which is enforceable in a court of law Property law is the area of Law that governs the various forms of Ownership in Real property (land as distinct from personal or movable possessions In Common law, a will or testament is a document by which a person (the Testator) regulates the rights of others over his or her Property The law of trusts and estates is generally considered the body of Law which governs the management of personal affairs and the Disposition of Property of The term criminal law, sometimes called penal law, refers to any of various bodies of rules in different Jurisdictions whose common characteristic is the potential The Law of evidence governs the use of Testimony (eg oral or written statements such as an Affidavit) and exhibits (e Tort law is the name given to a body of law that creates and provides remedies for civil wrongs that do not arise out of Contractual duties Common law refers to law and the corresponding legal system developed through decisions of courts and similar tribunals rather than through legislative statutes or executive
Economic torts protect people from interference with their trade or business. The area includes the doctrine of restraint of trade and has largely been submerged in the twentieth century by statutory interventions on collective labour law, modern antitrust or competition law, and certain laws governing intellectual property, particularly unfair competition law. Restraint of trade is a Common law doctrine relating to the enforceability of contractual restrictions on freedom to conduct business Labour law (also known as employment or labor law is the body of Laws administrative rulings and precedents which address the legal rights of and restrictions Intellectual property ( IP) is a legal field that refers to creations of the mind such as musical literary and artistic works inventions and symbols names The "absence of any unifying principle drawing together the different heads of economic tort liability has often been remarked upon. "[1]
The principal torts can be listed as passing off, injurious falsehood and trade libel (see also Food libel laws), conspiracy, inducement of breach of contract, tortious interference (such as interference with economic relations or unlawful interference with trade), and watching and besetting. For other uses of this and related terms please refer to the " Pass " disambiguation page Food libel laws, also known as " food disparagement laws " " veggie libel laws " or " veggie hate laws " are laws passed in 13 A civil conspiracy or Collusion is an agreement between two or more parties to deprive a third party of legal rights or deceive a third party to obtain an illegal objective Breach of contract is a Legal concept in which a Binding agreement or bargained-for exchange is not honored by one or more of the parties to the contract by non-performance Tortious interference, in the Common law of Tort, occurs when a person intentionally damages the Plaintiff 's Contractual or other business relationships These torts represent the common law's historical 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 employees and their workers).
Two cases demonstrated economic tort's affinity to competition and labour law. In Mogul Steamship Co. Ltd. [2] the plaintiffs argued they had been driven from the chinese tea market by a 'shipping conference', that had acted together to underprice them. But this cartel was ruled lawful and "nothing more [than] a war of competition waged in the interest of their own trade. A cartel is a formal (explicit agreement among firms Cartels usually occur in an oligopolistic industry, where there is a small number of sellers and usually involve "[3] Nowadays, this would be considered a criminal cartel.
In English labour law the most notable case is Taff Vale Railway v. Labour law (also known as employment or labor law is the body of Laws administrative rulings and precedents which address the legal rights of and restrictions Amalgamated Society of Railway Servants [4]. The House of Lords thought that unions should be liable in tort for helping workers to go on strike for better pay and conditions. The House of Lords is the second house of the Parliament of the United Kingdom and is also commonly referred to as "the Lords" But it riled workers so much that it led to the creation of the British Labour Party and the Trade Disputes Act 1906 Further torts used against unions include conspiracy[5], interference with a commercial contract [6] or intimidation[7]. The Labour Party is a Political party in the United Kingdom. Founded at the start of the 20th century it has been since the 1920s the principal party of the The Trade Disputes Act 1906 ( Short title 6 Edward VII c 47) was an Act of the Parliament of the United Kingdom passed under the Liberal LegalDay Economic Torts
References
- ^ p. 509 Markesinis and Deakin's Tort Law (2003 5th Ed. ) OUP)
- ^ Mogul Steamship Co. Ltd. v. McGregor, Gow & Co. (1889) LR 23 QBD 598
- ^ per Bowen LJ, (1889) LR 23 QBD 598, 614
- ^ Taff Vale Railway v. Amalgamated Society of Railway Servants [1901] AC 426
- ^ Quinn v. Leatham [1901] AC 495
- ^ Torquay Hotels Ltd v. Cousins [1968]
- ^ Rookes v. Barnard [1964] AC 1129
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