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Chapter

Cover Markesinis & Deakin's Tort Law

1. Introduction  

This introductory chapter first reviews the current state of the law of tort. It discusses the increase in tort claims due to our greater ability to cause more and greater harm and our reduced willingness to put up with the normal vicissitudes of life. It considers the law of individual responsibility. It suggests that tort law is becoming by the day a more complex set of rules than it ever was, where national law mixes with legal ideas emanating from foreign jurisdictions. Tort law rules are also becoming intermingled with those from other branches of English law. The second part of the chapter discusses the relationship between tort and contract.

Chapter

Cover An Introduction to Tort Law

1. Introduction  

Celebrated for their conceptual clarity, titles in the Clarendon Law Series offer concise, accessible overviews of major fields of law and legal thought. This introductory chapter provides an overview of tort law. It discusses the development of the law of tort in England; how the increase in tort liability is matched by a decline in the potency of contract; the differences between statutes and judge-made law; when conduct is tortious; the forum for a claim in tort; the three focal points of torts: conduct, harm, and causation; where torts happen; and the need to restrict the number of persons who can complain of any particular conduct.

Chapter

Cover An Introduction to Tort Law

13. Economic Torts  

Celebrated for their conceptual clarity, titles in the Clarendon Law Series offer concise, accessible overviews of major fields of law and legal thought. This chapter deals with economic torts. Economic torts include deceit, malicious falsehood, passing-off, inducing breach of contract, intimidation, and conspiracy. The first three involve deception: deceit is telling lies to the claimant; telling lies to a third party is malicious falsehood; misleading a competitor's customers, even bona fide, is passing-off. The other three torts all involve collaboration, whether reluctant, as a result of threats, complaisant as a result of positive incentives, or spontaneous. The chapter discusses the nature of the harm; the defendant's conduct and purpose, anti-competitive conduct; and the various ‘economic torts’ in terms of their various components: intention, conduct, and wrongfulness.

Chapter

Cover Street on Torts

15. The general ‘economic’ torts  

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.