Economic torts 700
Associate Professor M Pittard
One 2-hour seminar weekly over 13 weeks * First semester
This subject will be devoted to a study of tortious interference with trading and other economic interests. Three main areas will be studied. (1) Negligent infliction of economic loss by careless acts and statements. (2) Deliberate infliction of economic loss: inducing breach of contract, civil conspiracy, intimidation and causing loss by unlawful means. The significance of these torts in the industrial context will be considered having regard to the former absence of statutory immunity for industrial action the new immunity (`right to strike') granted in the Industrial Relations Reform Act 1993 (Cth), the existence of statutory provisions and awards the violation of which may constitute the `unlawful' element in the relevant torts, and the impact of secondary boycott legislation in the Industrial Relations Act 1988 (Cth). (3) The impact of sections 45D and 45E of the Trade Practices Act 1974 (Cth) in non-industrial, ie commercial, contexts. (4) Situations where the plaintiff complains that the defendant has by misrepresentation made an economic gain which properly belongs to the plaintiff by virtue of the latter's own labours: injurious falsehood and passing off. The impact of trade practices legislation will be considered.
Assessment
Written research assignment: 50% * Class participation: 10% * Examination (final or take-home): 40%