LAW7018

Economic torts

Associate Professor Marilyn Pittard

Objectives On completion of this subject students should (1) have an understanding of, and be able to evaluate critically, the principles on which liability for torts interfering with business and economic interests are based and (2) be able to analyse and understand the role of the courts and legislatures in prescribing the limits of permissible and impermissible conduct in business.

Synopsis This subject will be devoted to a study of tortious interference with trading and other interests. Three main areas will be studied. (1) Negligent infliction of economic loss by careless acts and statements. (2) Deliberate infliction of economic loss: interference with contractual relations, civil conspiracy, intimidation and causing loss by unlawful means. The potential significance of these torts in the industrial context will be considered having regard to the limited statutory immunity for industrial action, the existence of statutory provisions and awards the violation of which may constitute the 'unlawful' element in the relevant torts, and the impact of statutory prohibitions on secondary boycotts in the Trade Practices Act 1974 (Cth). (3) 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 Research assignment (5000 words): 50% - Examination (supervised or take-home): 40% - Class participation: 10%

Texts

To be advised

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