Javascript must be enabled to continue!
Damage as an Essential Element in the Economic Torts
View through CrossRef
Abstract
It is generally assumed that the economic torts are a family of actions concerned to protect purely financial interests bound up with a claimant’s trade, business or livelihood. This chapter seeks to show that such an assumption is by no means true even though it fair to say that they are most commonly used in connection with economic setbacks inflicted on a claimant by a defendant. It reveals that the decided cases, contrary to the common misconception, actually supply hard evidence of these torts being successfully invoked in connection with a wide-range of non-financial interests (such as our interests in bodily integrity, reputation, psychic integrity and decision-making autonomy). The chapter also explains how, although damage must always be shown before a successful claim can be made in any of these torts, it is not appropriate to treat the damage requirement as an element of the tort of deceit in cases of two-party intimidation. It is argued that, in the case of those torts, the damage requirement is better seen as a condition of actionability because although the courts will recognise the commission of a wrong where the claimant suffers no tangible loss, they will stop short of allowing the claimant to sue unless actual damage can be shown.
Title: Damage as an Essential Element in the Economic Torts
Description:
Abstract
It is generally assumed that the economic torts are a family of actions concerned to protect purely financial interests bound up with a claimant’s trade, business or livelihood.
This chapter seeks to show that such an assumption is by no means true even though it fair to say that they are most commonly used in connection with economic setbacks inflicted on a claimant by a defendant.
It reveals that the decided cases, contrary to the common misconception, actually supply hard evidence of these torts being successfully invoked in connection with a wide-range of non-financial interests (such as our interests in bodily integrity, reputation, psychic integrity and decision-making autonomy).
The chapter also explains how, although damage must always be shown before a successful claim can be made in any of these torts, it is not appropriate to treat the damage requirement as an element of the tort of deceit in cases of two-party intimidation.
It is argued that, in the case of those torts, the damage requirement is better seen as a condition of actionability because although the courts will recognise the commission of a wrong where the claimant suffers no tangible loss, they will stop short of allowing the claimant to sue unless actual damage can be shown.
Related Results
Emerging Torts
Emerging Torts
The law of tort, or torts, is part of the English common law which has developed incrementally since Norman times. Academic writers are not agreed whether there is a law of tort or...
What is a Tort?
What is a Tort?
<p>According to the <i>Palsgraf</i> perspective, today's dominant philosophical picture of tort law, torts are <i>relational wrongs</i>: violations of...
Street on Torts
Street on Torts
Street on Torts provides a wide-ranging overview, and a clear and accurate explanation of tort law. The book consists of nine parts. Part I provides an introduction to the subject,...
Ekonomika bosanskih velikaša u 14. i 15. stoljeću
Ekonomika bosanskih velikaša u 14. i 15. stoljeću
The role and significance of the Bosnian nobility in the historical currents of medieval Bosnia can be reliably traced in the 14th and 15th centuries when various socio-political f...
Test and analysis of stitched composite structures to assess damage containment capability
Test and analysis of stitched composite structures to assess damage containment capability
Integrally stitched composite technology shows promise in enhancing structural integrity of next-generation aircraft structures. The most recent generation of integrally stitched o...
Early evolution of cardiac damage staging following transcatheter aortic valve replacement: prevalence, clinical patterns and prognostic significance
Early evolution of cardiac damage staging following transcatheter aortic valve replacement: prevalence, clinical patterns and prognostic significance
Abstract
Funding Acknowledgements
Type of funding sources: None.
Background
...
Macroeconomic and Social Precursors of Suicide Rates in the Philippines: A Quantitative Analysis (Preprint)
Macroeconomic and Social Precursors of Suicide Rates in the Philippines: A Quantitative Analysis (Preprint)
BACKGROUND
Suicide is a complex, serious and multifaceted public health issue that poses significant challenges to societies worldwide. In fact, it represen...
Long- and Short-term Damage Changes on Antarctic Ice Shelves
Long- and Short-term Damage Changes on Antarctic Ice Shelves
The contribution of the Antarctic ice sheet to sea level rise remains uncertain due to the potential instability of ice shelves. Damage areas in the shear zone of an ice shelf are ...

