Economic Torts In English Law
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Economic Torts In English Law
Economic torts in English law refer to a species of civil wrong which protects the economic wealth that a person will gain in the ordinary course of business. Proving compensation for pure economic loss, examples of an economic tort include interference with economic or business relationships. Overview Economic torts protect people from interference with their trade or business. The area includes the doctrine of restraint of trade and has largely been submerged in the twentieth century by statutory interventions on collective labour law, modern antitrust or competition law, and certain laws governing intellectual property, particularly unfair competition law. The "absence of any unifying principle drawing together the different heads of economic tort liability has often been remarked upon." The principal torts can be listed as passing off, injurious falsehood and trade libel (see also Food libel laws), conspiracy, inducement of breach of contract, tortious interference (such as int ...
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Pure Economic Loss
Economic loss is a term of art which refers to financial loss and damage suffered by a person which is seen only on a balance sheet and not as physical injury to person or property. There is a fundamental distinction between pure economic loss and consequential economic loss, as pure economic loss occurs independent of any physical damage to the person or property of the victim. It has also been suggested that this tort should be called "commercial loss" as injuries to person or property can be regarded as "economic". Examples of pure economic loss include the following: *Loss of income suffered by a family whose principal earner dies in an accident. The physical injury is caused to the deceased, not the family.. *Loss of market value of a property owing to the inadequate specifications of foundations by an architect.. *Loss of production suffered by an enterprise whose electricity supply is interrupted by a contractor excavating a public utility. The latter case is exemplified by ...
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Taff Vale Railway V Amalgamated Society Of Railway Servants
''Taff Vale Railway Co v Amalgamated Society of Railway Servants'' [1901UKHL 1 commonly known as the ''Taff Vale case'', is a formative case in UK labour law. It held that, at common law, Trade union, unions could be liable for loss of profits to employers that were caused by taking strike action. The Trade unions in the United Kingdom, labour movement reacted to ''Taff Vale'' with outrage; the case gave impetus to the establishment of the UK Labour Party (UK), Labour Party and was soon reversed by the Trade Disputes Act 1906. It was reversed at common law in ''Crofter Hand Woven Harris Tweed Co Ltd v Veitch'' 942 Events A trade union, called the Amalgamated Society of Railway Servants, went on strike to protest against the company's treatment of John Ewington, who had been refused higher pay and was punished for his repeated requests by being moved to a different station. When the Taff Vale Railway Company employed replacement staff, the strikers engaged in a sabotage campaign ...
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Merkur Island Shipping V Laughton
Merkur (, ''Mercury'') is a defunct automobile brand that was marketed by the Lincoln-Mercury division of Ford Motor Company from 1985 to 1989. Drawing its name from the German word for Mercury, Merkur was targeted at buyers of European executive cars in North America, selling captive imports produced by the German division of Ford of Europe. Following the 1989 model year, Lincoln-Mercury withdrew Merkur, making it one of the shortest-lived automotive brands in the modern American automotive industry, lasting only one model year longer than Ford's earlier, more prominent failure, the Edsel. Background During the late 1970s and early 1980s in the United States and Canada, buyer preferences in the luxury-vehicle segment began shifting from once traditional Cadillac, Lincoln and Chrysler models towards more European-produced and inspired vehicles. As a response, the Japanese automotive industry launched luxury-oriented brands developed for North America, with Honda's Acura bra ...
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British Motor Trade Association V Salvadori
British may refer to: Peoples, culture, and language * British people, nationals or natives of the United Kingdom, British Overseas Territories, and Crown Dependencies. ** Britishness, the British identity and common culture * British English, the English language as spoken and written in the United Kingdom or, more broadly, throughout the British Isles * Celtic Britons, an ancient ethno-linguistic group * Brittonic languages, a branch of the Insular Celtic language family (formerly called British) ** Common Brittonic, an ancient language Other uses *''Brit(ish)'', a 2018 memoir by Afua Hirsch *People or things associated with: ** Great Britain, an island ** United Kingdom, a sovereign state ** Kingdom of Great Britain (1707–1800) ** United Kingdom of Great Britain and Ireland (1801–1922) See also * Terminology of the British Isles * Alternative names for the British * English (other) * Britannic (other) * British Isles * Brit (other) * Briton (d ...
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Camden Nominees V Forcey
Camden may refer to: People * Camden (surname), a surname of English origin * Camden Joy (born 1964), American writer * Camden Toy (born 1957), American actor Places Australia * Camden, New South Wales * Camden, Rosehill, a heritage residence, NSW ** Camden Airport (New South Wales) ** Camden Council (New South Wales) ** Electoral district of Camden Canada * Camden, Nova Scotia * Camden East, Ontario England * London Borough of Camden ** Camden Town, an area in the borough ** Camden markets * Camden School for Girls Ireland * Camden Fort Meagher in Cork Harbour * Camden Street, Dublin United States * Camden, Alabama * Camden, Arkansas * Camden, California (other) ** Camden, Fresno County, California * Camden, Delaware * Camden, Illinois * Camden, Indiana * Camden, Maine, a town ** Camden (CDP), Maine, a census-designated place within the town * Camden, Michigan * Camden, Minneapolis, Minnesota, a community comprising several neighborhoods * Camden, Mis ...
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Emerald Construction V Lowthian
Emerald is a gemstone and a variety of the mineral beryl (Be3Al2(SiO3)6) colored green by trace amounts of chromium or sometimes vanadium.Hurlbut, Cornelius S. Jr. and Kammerling, Robert C. (1991) ''Gemology'', John Wiley & Sons, New York, p. 203, . Beryl has a Hardness (materials science), hardness of 7.5–8 on the Mohs scale of mineral hardness, Mohs scale. Most emeralds are highly inclusion (mineral), included, so their toughness (resistance to breakage) is classified as generally poor. Emerald is a cyclosilicate. Etymology The word "emerald" is derived (via fro, esmeraude and enm, emeraude), from Vulgar Latin: ''esmaralda''/''esmaraldus'', a variant of Latin ''smaragdus'', which was a via grc, σμάραγδος (smáragdos; "green gem") from a Semitic language. According to Webster's Dictionary the term emerald was first used in the 14th century. Properties determining value Emeralds, like all colored gemstone A gemstone (also called a fine gem, jewel, precious ...
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Mainstream Properties V Young
Mainstream may refer to: Film * ''Mainstream'' (film), a 2020 American film Literature * ''Mainstream'' (fanzine), a science fiction fanzine * Mainstream Publishing, a Scottish publisher * ''Mainstream'', a 1943 book by Hamilton Basso Music * Mainstream jazz, a term coined in the 1950s to describe the form of jazz which was a continuation of the Swing era * ''Mainstream'' (band), a late-1990s British shoegazer band, or their first album * ''Mainstream'' (Fullerton College Jazz Band album), 1994 * ''Mainstream'' (Lloyd Cole and the Commotions album), 1987 * ''Mainstream'' (Quiet Sun album), 1975 * ''Mainstream EP'', by Metric, 1998 * Mainstream Records, an American record label * "Mainstream", a song by Thea Gilmore from the 2003 album ''Avalanche'' See also *Mainstreaming (other) *Mainstream media *Mainline Protestant, a group of American denominations *Mainstream Renewable Power, an Irish renewable energy development company *Mainstream Energy Corporation ...
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Douglas V Hello! Ltd (No 3)
was a series of cases in which Michael Douglas and Catherine Zeta-Jones challenged unauthorised photos of their wedding in the English courts. The case resulted in ''OK!'' Magazine being awarded £1,033,156. Facts Michael Douglas and Catherine Zeta-Jones agreed a deal with ''OK!'' magazine which would give the company exclusivity over their wedding which took place in 2000 at the Plaza Hotel in New York. According to the deal the couple were to approve the selection of photographs used by ''OK!'' magazine. In order to ensure the exclusivity there was strict security of the event and no guests were allowed to take photographs, the event was closed to the media and guests were told to surrender any equipment which could be used to take photographs. However a freelance photographer Rupert Thorpe, son of the former British politician Jeremy Thorpe, managed to get into the wedding and take photographs of the couple. This photographer then sold the images to ''Hello'' magazine which ...
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Quinn V Leathem
''Quinn v Leathem'' 901UKHL 2 is a case on economic tort and is an important case historically for British labour law. It concerns the tort of "conspiracy to injure". The case was a significant departure from previous practices, and was reversed by the Trade Disputes Act 1906. However, the issue of secondary action was later restricted from the Employment Act 1980, and now the Trade Union and Labour Relations (Consolidation) Act 1992. The case was heavily controversial at the time, and generated a large amount of academic discussion, notably by Wesley Newcomb Hohfeld, which continued long after it was overturned. Facts A trade union called the Belfast Journeymen Butchers' and Assistants' Association had wanted to enforce a closed shop agreement against Leathem's butcher business in Lisburn. They approached one of his customers, Andrew Munce in Belfast, and told him that he should refuse to trade with Leathem unless Leathem employed only workers who joined the trade union. They sa ...
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South Wales Miners’ Federation V Glamorgan Coal Co Ltd
South is one of the cardinal directions or compass points. The direction is the opposite of north and is perpendicular to both east and west. Etymology The word ''south'' comes from Old English ''sūþ'', from earlier Proto-Germanic ''*sunþaz'' ("south"), possibly related to the same Proto-Indo-European root that the word ''sun'' derived from. Some languages describe south in the same way, from the fact that it is the direction of the sun at noon (in the Northern Hemisphere), like Latin meridies 'noon, south' (from medius 'middle' + dies 'day', cf English meridional), while others describe south as the right-hand side of the rising sun, like Biblical Hebrew תֵּימָן teiman 'south' from יָמִין yamin 'right', Aramaic תַּימנַא taymna from יָמִין yamin 'right' and Syriac ܬܰܝܡܢܳܐ taymna from ܝܰܡܝܺܢܳܐ yamina (hence the name of Yemen, the land to the south/right of the Levant). Navigation By convention, the ''bottom or down-facing side'' of a ...
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Lumley V Gye
''Lumley v. Gye'' 853EWHC QB J73is a foundational English tort law case, heard in 1853, in the field of economic tort. It held that one may claim damages from a third person who interferes in the performance of a contract by another. Arising out of the same facts is also ''Lumley v Wagner'', where Mr Lumley successfully secured an injunction from Ms Wagner against performing for Mr Gye further. Facts The singer Johanna Wagner was engaged by Benjamin Lumley to sing exclusively at Her Majesty's Theatre for three months. Frederick Gye, who ran Covent Garden Theatre, induced her to break her contract with Mr. Lumley by promising to pay her more. Although an injunction was issued to prevent her singing at Covent Garden, Gye persuaded her to disregard it. Lumley therefore sued Gye for damages in respect of the income he had lost. Judgment Crompton J held that Lumley could claim damages from Gye. He observed that although the general law is there is no action, by then it had become c ...
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OBG V Allan
was a combined appeal with ''Douglas v Hello! Ltd'' and ''Mainstream Properties Ltd v Young'' and stands as the leading case on economic torts in English law. Facts Lord Hoffmann in his judgment summarised the facts. Judgment Elaborating on the general principle that an agent cannot be sued for interfering with contractual relationships between a principal and another contracting party, Lord Hoffmann held that invalidly appointed receivers were not liable to the company for wrongful interference with contractual relations. Such a receiver acting in good faith employs no unlawful means and intends to cause no loss. Intangible property cannot be the subject of a claim for conversion. On the tort of inducing or procuring breach of contract, there are five requirements. (1) there must be a contract (2) the contract must be breached (3) the defendant's conduct must have procured or induced the breach (4) the defendant must have known about the breached term or turned a blind e ...
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