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/9780199546749.003.0013
- Subject:
- Law, Intellectual Property, IT, and Media Law
This final chapter provides a coherent framework for the economic torts. To do so it underlines the best policy for these torts, drawing on the discussion of the conflicting agendas and potentials ...
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This final chapter provides a coherent framework for the economic torts. To do so it underlines the best policy for these torts, drawing on the discussion of the conflicting agendas and potentials explored in Chapters 8 and 12. The need to tackle and analyse all the economic torts is explained. In addition, civil actions and doctrines that may supplement the protection of economic interests provided by the economic torts — the principle in De Mattos v Gibson, the action for misfeasance in a public office, conversion, the action for breach of commercial confidence, and the action for dishonest assistance — are discussed and distinguished. The optimum framework offered provides a clear basis for liability while allowing freedom to compete effectively. However, the optimum framework offered now requires adjustment, following the decision of the House of Lords in Total Network. The full range of such possible adjustments is outlined.Less
This final chapter provides a coherent framework for the economic torts. To do so it underlines the best policy for these torts, drawing on the discussion of the conflicting agendas and potentials explored in Chapters 8 and 12. The need to tackle and analyse all the economic torts is explained. In addition, civil actions and doctrines that may supplement the protection of economic interests provided by the economic torts — the principle in De Mattos v Gibson, the action for misfeasance in a public office, conversion, the action for breach of commercial confidence, and the action for dishonest assistance — are discussed and distinguished. The optimum framework offered provides a clear basis for liability while allowing freedom to compete effectively. However, the optimum framework offered now requires adjustment, following the decision of the House of Lords in Total Network. The full range of such possible adjustments is outlined.
