Chapter

Interests Competing with the Plaintiff’s

Peter Cane

in Tort Law and Economic Interests

Published in print May 1991 | ISBN: 9780198252368
Published online March 2012 | e-ISBN: 9780191681370 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198252368.003.0005
Interests Competing with the Plaintiff’s

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While the plaintiff has a legally recognized interest, this does not mean that interference with it will be actionable in tort. All means of legal interests are protected. This chapter discusses competing interests that challenge the plaintiff's interests. In these cases, the defendant is able to point to some competing interests which outweigh the interests of the plaintiff and justify the law of tort in refusing to come to the aid of the plaintiff. These competing interests consist of two broad categories: individual interests and public interests. In the case of competing interests, the burden of establishing that there are not negativiting factors rests on the plaintiff, while the onus of establishing nullifying factors rests on the defendant.

Keywords: plaintiff; interference; tort; legal interests; competing interests; interests; individual interests; public interests

Chapter.  31601 words. 

Subjects: Civil Law

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