Michael Lobban
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780199258826
- eISBN:
- 9780191705168
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199258826.003.0024
- Subject:
- Law, Legal History
Traditional tort doctrine taught that a person who intentionally performed an unlawful act which harmed another was liable for the damage suffered. In the second half of the 19th century, judges and ...
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Traditional tort doctrine taught that a person who intentionally performed an unlawful act which harmed another was liable for the damage suffered. In the second half of the 19th century, judges and jurists sought to extend this law, to hold those who performed otherwise lawful acts liable if they had done so with the intention of harming others and with no justification. This development was part of the late 19th-century attempt to put the law of tort on a set of broad, theoretical principles. This chapter discusses malice and intent in early 19th-century law, economic torts, rethinking malice and intent, and rethinking conspiracy.Less
Traditional tort doctrine taught that a person who intentionally performed an unlawful act which harmed another was liable for the damage suffered. In the second half of the 19th century, judges and jurists sought to extend this law, to hold those who performed otherwise lawful acts liable if they had done so with the intention of harming others and with no justification. This development was part of the late 19th-century attempt to put the law of tort on a set of broad, theoretical principles. This chapter discusses malice and intent in early 19th-century law, economic torts, rethinking malice and intent, and rethinking conspiracy.
MICHAEL TAGGART
- Published in print:
- 2002
- Published Online:
- January 2010
- ISBN:
- 9780199256877
- eISBN:
- 9780191719646
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199256877.003.0008
- Subject:
- Law, Human Rights and Immigration, Legal History
For a 20-year period spanning the turn of the 20th century, the place of malice in the law of torts was a matter of considerable legal interest. For England, the debate began with the pioneering work ...
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For a 20-year period spanning the turn of the 20th century, the place of malice in the law of torts was a matter of considerable legal interest. For England, the debate began with the pioneering work of Sir Frederick Pollock on The Law of Torts, first published in 1887. For the American side, the first shot was fired in the Harvard Law Review by Oliver Wendell Holmes Jr., the doyen of American lawyers. The American law, however, was less settled than Pollock led his readers to believe. This chapter also discusses economic torts and nuisance.Less
For a 20-year period spanning the turn of the 20th century, the place of malice in the law of torts was a matter of considerable legal interest. For England, the debate began with the pioneering work of Sir Frederick Pollock on The Law of Torts, first published in 1887. For the American side, the first shot was fired in the Harvard Law Review by Oliver Wendell Holmes Jr., the doyen of American lawyers. The American law, however, was less settled than Pollock led his readers to believe. This chapter also discusses economic torts and nuisance.
John Baker
- Published in print:
- 2019
- Published Online:
- June 2019
- ISBN:
- 9780198812609
- eISBN:
- 9780191850400
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198812609.003.0026
- Subject:
- Law, Legal History
This chapter is concerned with the history of a miscellany of wrongs best described as economic torts, and with related concepts. These involve various forms of interference (other than defamation) ...
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This chapter is concerned with the history of a miscellany of wrongs best described as economic torts, and with related concepts. These involve various forms of interference (other than defamation) with a person’s trade or employment or with his other personal and contractual relationships. The areas focused on are monopolies, including patents for inventions, copyright, and the development of intellectual property, deceptive competition, inducing a breach of contract, interference with domestic relations (including per quod servicium amisit and criminal conversation), and interference with labour relations by means of intimidation and conspiracy. A recurrent theme is the extent to which motive, such as furthering an economic interest, may justify injuring another’s economic position, a matter which came to a head with the Trade Disputes Act 1906.Less
This chapter is concerned with the history of a miscellany of wrongs best described as economic torts, and with related concepts. These involve various forms of interference (other than defamation) with a person’s trade or employment or with his other personal and contractual relationships. The areas focused on are monopolies, including patents for inventions, copyright, and the development of intellectual property, deceptive competition, inducing a breach of contract, interference with domestic relations (including per quod servicium amisit and criminal conversation), and interference with labour relations by means of intimidation and conspiracy. A recurrent theme is the extent to which motive, such as furthering an economic interest, may justify injuring another’s economic position, a matter which came to a head with the Trade Disputes Act 1906.
