Hazel Carty
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780199546749
- eISBN:
- 9780191594946
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199546749.003.0005
- Subject:
- Law, Intellectual Property, IT, and Media Law
This chapter explores the history and modern form of this tort. Two key issues surrounding this tort remain controversial as was highlighted by the recent decisions in OBG and Total Network. These ...
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This chapter explores the history and modern form of this tort. Two key issues surrounding this tort remain controversial as was highlighted by the recent decisions in OBG and Total Network. These are the relationship between this tort and the unlawful means tort, and the scope and implications of the two-party version of this tort (and in particular whether a threatened breach of contract should constitute an unlawful threat for this tort). The chapter, therefore, links into the discussion in Chapter 4 and Chapter 7. It argues that the two-party form of this tort does not provide the seed for a general development of two-party economic torts, but rather that two-party liability in the tort of intimidation is a separate area of tort liability, a necessary supplement to existing tort liability.Less
This chapter explores the history and modern form of this tort. Two key issues surrounding this tort remain controversial as was highlighted by the recent decisions in OBG and Total Network. These are the relationship between this tort and the unlawful means tort, and the scope and implications of the two-party version of this tort (and in particular whether a threatened breach of contract should constitute an unlawful threat for this tort). The chapter, therefore, links into the discussion in Chapter 4 and Chapter 7. It argues that the two-party form of this tort does not provide the seed for a general development of two-party economic torts, but rather that two-party liability in the tort of intimidation is a separate area of tort liability, a necessary supplement to existing tort liability.
