Economic torts
Associate Professor M Pittard
One 2-hour seminar per week * Second semester * City
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: inducing breach of contract, 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 general absence of 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 sections 45D and 45E of the Trade Practices Act. (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 Written research assignment: 50% * Class participation: 10% * Final examination: 40%
| Published by Monash University, Clayton, Victoria
3168 Copyright © Monash University 1996 - All Rights Reserved - Caution Authorised by the Academic Registrar December 1996 |