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An Analysis of the Economic Torts$
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Hazel Carty

Print publication date: 2010

Print ISBN-13: 9780199546749

Published to Oxford Scholarship Online: January 2011

DOI: 10.1093/acprof:oso/9780199546749.001.0001

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Intimidation

Intimidation

Chapter:
(p.107) 5 Intimidation
Source:
An Analysis of the Economic Torts
Author(s):

Hazel Carty

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199546749.003.0005

This chapter explores the history and modern form of this tort. Two key issues surrounding this tort remain controversial as was highlighted by the recent decisions in OBG and Total Network. These are the relationship between this tort and the unlawful means tort, and the scope and implications of the two-party version of this tort (and in particular whether a threatened breach of contract should constitute an unlawful threat for this tort). The chapter, therefore, links into the discussion in Chapter 4 and Chapter 7. It argues that the two-party form of this tort does not provide the seed for a general development of two-party economic torts, but rather that two-party liability in the tort of intimidation is a separate area of tort liability, a necessary supplement to existing tort liability.

Keywords:   intimidation, unlawful means tort, two-party economic torts, intimidation tort liability, threatened breach of contract, two-party liability

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