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The Oxford History of the Laws of England: Volume XII1820–1914 Private Law$
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William Cornish, J Stuart Anderson, Ray Cocks, Michael Lobban, Patrick Polden, and Keith Smith

Print publication date: 2010

Print ISBN-13: 9780199258826

Published to Oxford Scholarship Online: May 2010

DOI: 10.1093/acprof:oso/9780199258826.001.0001

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Intentional and Economic Torts

Intentional and Economic Torts

Chapter:
(p.1033) V Intentional and Economic Torts
Source:
The Oxford History of the Laws of England: Volume XII
Author(s):

Michael Lobban

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199258826.003.0024

Traditional tort doctrine taught that a person who intentionally performed an unlawful act which harmed another was liable for the damage suffered. In the second half of the 19th century, judges and jurists sought to extend this law, to hold those who performed otherwise lawful acts liable if they had done so with the intention of harming others and with no justification. This development was part of the late 19th-century attempt to put the law of tort on a set of broad, theoretical principles. This chapter discusses malice and intent in early 19th-century law, economic torts, rethinking malice and intent, and rethinking conspiracy.

Keywords:   English law, economic torts, tort law, malice and intent

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