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Street on Torts

Street on Torts (16th edn)

Christian Witting
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date: 27 May 2024

p. 37715. The general ‘economic’ tortslocked

p. 37715. The general ‘economic’ tortslocked

  • Christian WittingChristian WittingProfessor of Law, National University of Singapore, Barrister and Solicitor, High Court of Australia and Supreme Court of Victoria

Abstract

This chapter explains the five general economic torts: inducing breach of contract, causing loss by unlawful means (after OBG v Allan), lawful means conspiracy, unlawful means conspiracy (after Total Network v Revenue and Customs Commissioners as well as JSC BTA Bank v Ablyazov), and intimidation. The chapter notes that what binds these torts together is their focus on the element of intention and causation of loss, as well as the tendency of the courts to apply them in business and other financial settings. Otherwise, the torts are quite disparate in their operation. It is argued that some of the torts should be seen as applicable outside the dominant setting, in part where they reflect general principles of responsibility for harm causation.

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