Chapter

Overall Conclusion and Framework

Hazel Carty

in An Analysis of the Economic Torts

Second edition

Published in print November 2010 | ISBN: 9780199546749
Published online January 2011 | e-ISBN: 9780191594946 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199546749.003.0013
Overall Conclusion and Framework

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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.

Keywords: economic torts framework; De Mattos principle; misfeasance; conversion; breach of commercial confidence; dishonest assistance

Chapter.  15264 words. 

Subjects: Intellectual Property Law

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