Sentences with phrase «of economic tort»

Lord Hoffmann rejected the unified theory and said that the two forms of economic tort must be treated as separate, with different ingredients, because inducing breach of contract is a form of accessory liability whereas unlawful interference with trade is a form of primary liability.

The most important difficulty in relation to this form of economic tort is: what counts as unlawful means?

• Lords Sumption and Lloyd - Jones provide an illuminating overview of the economic torts in general and the rationale for the unlawful means conspiracy tort in particular.

Not exact matches

In fact, the current situation is analogous to the beginning of the furious debate over tort reform in the early 1990's, when business leaders were finally energized and organized to take on and win a protracted battle against a threat that had seriously jeopardized the state's economic viability.

The current situation is analogous to the beginning of the furious battle over tort reform in the early 1990's, when Texas business leaders were finally energized and organized to take on and win a protracted battle against a threat that had seriously jeopardized the State's economic viability.

Yet, classifying them all as persons per se raises economic fears, thereby necessitating the courts to treat pets as persons in the limited circumstances of tort and custody disputes only upon substantial evidence that these pets were treated as persons by their owners.

Moreover, if tort liability compels fossil fuel producers to internalize the cost of climate injuries, these companies (as rational economic actors) would presumably incorporate those costs into the price of their products.

As a second prong of the test of causation in English tort law, remoteness would require the presence of a «sufficiently direct link» between the national measure concerned and the economic advantage granted to the beneficiary.

Acting for a company in the CIS in claims against an international metals and mining conglomerate for breach of contract and economic torts in relation to the operation of a mining complex in the CIS.

A recent poll conducted by the American Tort Reform Association and the grassroots Sick of Lawsuits released a national survey finding that a strong majority of people believe lawsuit abuse hurts economic growth, job creation, and U.S. competitiveness.

The so - called Michigan «malpractice tort reform» of 1994 gave health care providers de facto economic immunity.

A court recently found me responsible for a conspiracy to commit assault, interference with contracts, economic loss, trespass and other torts because of guilt by association.

Arish has acted on a wide array of commercial disputes in the English Courts and in English seated arbitrations, including cases involving civil fraud, breaches of fiduciary duty, complex contractual claims, negligence claims, economic torts, shareholder, joint venture, partnership and insolvency disputes and jurisdictional battles (amongst others).

The tort of unlawful interference with economic relations is made out where the defendant (i) intentionally (ii) causes injury to the plaintiff (iii) through unlawful means.

David is generally instructed in high profile and heavyweight cases in the High Court, frequently involving conspiracy and economic torts, unlawful competition, team moves, the protection of confidential information, post-termination restraints, wrongful termination / expulsion, carried interest and bonus disputes (where he has acted in most of the landmark decisions such as Horkulak v Cantor Fitzgerald, Keen v Commerzbank and Anar v Dresdner Kleinwort), as well as claims arising in a regulatory context which raise important reputational issues, and whistleblowing and discrimination claims in the Employment Tribunal.

When money or property is withheld for some time period, there will also often be an element of pre-judgment interest that is calculated on top of the economic value of the harm as of the time of the breach, often at a statutory rate, although the law of pre-judgment interest varies quite a bit from jurisdiction to jurisdiction and is often allowed in contract lawsuits, but not in tort lawsuits.

The court held that because the plaintiff did not claim economic damage for the loss of the shirt, the breach of warranty claims were based in tort, and were therefore part of the products liability claim under the Indiana Products Liability Act (IPLA).

It is similar to, but does not completely overlap with, the tort of Interference with Economic Relations.

These lawsuits most often take the form of defamation, nuisance, trespass, invasion of privacy, interference with contract or economic advantage, and other economic torts.

«I don't suggest expanding the scope of tort law (ie — compensation to victims struck by lightening, or compensation for pure economic loss etc.) I simply suggest that those who the law says ought to be compensated actually be compensated.»

When the majority sued to recover this loss, the main question was whether the dissenting family member and his company were liable for what the trial judge referred to as the tort of unlawful interference with economic relations.

In terms of toxic tort and mass tort, we have a national network of top scientific, medical and economic experts in oncology, teratology, epidemiology, toxicology, potable water distribution, contaminant fate and transport, geology, and hydrogeology, among others.

His core practice centres on the relationship between the individual and the corporate body: directors» duties, shareholders» disputes, the economic torts, protection of confidential information and restraint of trade.

Economic torts — conspiracy, intimidation, procuring breach of contract and unlawful interference — are problematic.

We have handled a variety of construction related lawsuits, including construction defect claims, breach of contract claims, indemnity disputes, additional insured issues, job site accidents and other tort claims seeking damages for personal injuries, wrongful death, property damage, economic loss and project delays.

They wrote that the tort system provides deterrence of non cost - justified accidents, and creates economic incentives for «allocation of resources to safety.»

A breach of fiduciary duty not only gives rise to a tort, it gives rise to special damages and remedies that are unique to fiduciary cases apart from common economic loss damages, such as disgorgement of ill - gotten gains or a constructive trust.

One might go all the way back to the 1980s when Richard Posner and William Landes supplied a pretty clear free - market economic rationale for the tort system in their book, The Economic Structure of Teconomic rationale for the tort system in their book, The Economic Structure of Tort tort system in their book, The Economic Structure of TEconomic Structure of Tort Tort Law.

The American Tort Reform Association (ATRA) and the US Chamber's Institute for Legal Reform released a joint report today entitled, «Trial lawyer Underground: Covertly Lobbying the Executive Branch», a report documenting a nearly seven - year expansion of civil liability at the expense of investment, innovation and economic competitiveness.

In private civil actions under the Competition Act, «economic torts» are commonly plead together with allegations of breaches of the Competition Act.

IN NO EVENT SHALL ICBCADVICE.COM, ITS OWNERS, OFFICERS, AFFILIATES, AUTHORS, AGENTS, LICENSORS, LICENSEES, EMPLOYEES OR INTERNET SERVICE PROVIDER (S)(COLLECTIVELY «ITS REPRESENTATIVES») BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF OPPORTUNITY, REVENUE, PERSONAL INJURY, LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), DEFAMATION OR ANY OTHER THEORY OF LIABILITY.

She has particular expertise in conspiracy and economic tort claims, claims involving breaches of directors» and fiduciary duties and duties of confidence, as well as in bonus and other contractual disputes, including those with an international element and those relating to LLPs.

Ronnie has experience of acting for claimants and defendants in a broad range of commercial disputes, including claims for breach of contract and directors» duties, economic torts, misuse of confidential information and breach of restrictive covenants.

7 Over time, liability was expanded to situations where a defendant's conduct was not prima facie «tortious» in the traditional sense (i.e., the conduct would not support an independent basis of tort liability, such as for defamation or copyright infringement), but it nevertheless resulted in economic harm to a plaintiff.

Pro-Sys accused Microsoft of intentional interference with economic interests and conspiracy, and claimed unjust enrichment and waiver of tort.

«especially adept at claims relating to conspiracy and economic torts, and proceedings addressing allegations of breach of fiduciary duty»

The statute was clearly retroactive — it was not a tort, prior its enactment, to cause the government economic damage by selling tobacco, and this retroactivity was one of the grounds on which it was challenged, the argument being that it violated the principle of the Rule of Law.

She has particular experience in conspiracy and economic tort claims, claims involving breaches of directors» and fiduciary duties and duties of confidence.

Wrongful intentional acts causing harm, loss or damage to businesses or their stakeholders may give rise to a cause of action in common law business torts (economic torts).

In complex commercial cases involving economic torts, personal liability of directors and officers, and claims of fraud and conspiracy, the courts require a certain degree of specificity in pleadings and claims are vulnerable to preliminary attack.

If the appeals in OBG and / or Mainstream had succeeded, then liability in economic tort would thereafter have depended not upon proof of a subjective intention to break contracts but upon some objective standard similar to that applied under the law of negligence.

The leading opinion on economic tort is that of Lord Hoffmann.

, Mainstream Properties v Young [2007] UKHL 21, [2007] All ER (D) 44 (May) is one of the most significant decisions on economic tort since Allen v Flood [1898] AC 1 and Quinn v Leathem [1901] AC 495 — decided over 100 years ago.

COURT OF APPEAL REJECTION OF CLAIM IN ECONOMIC TORT In OBG Ltd v Allan [2005] EWCA Civ 106, [2005] 2 All ER 602 the defendants were appointed as administrative receivers over a company.

In OBG it had been held by the judge that the receivers had intentionally «interfered» in the management of the contracts and hence they were liable in economic tort even though they did not at the time know that they were invalid.

the Court of Appeal adopted a «holistic approach» to economic tort generally and after a detailed review of the authorities held that Hello!

This is only one example of the injustice which could flow from collapsing conversion into economic tort.

He specialises in transactions and disputes in respect of contracts of all description and purpose, business activities and assets that are regulated by law, trust or contract, breach of duty (however arising) and economic torts, and government agreements and decisions in relation to funding, finance and commerce.

The economic torts... are highly restricted in their application by the requirement of an intention to procure a breach of contract or to cause loss by unlawful means.

What about the tort of interference with economic interests?