Jump to ContentJump to Main Navigation
An Analysis of the Economic Torts$
Users without a subscription are not able to see the full content.

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

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a monograph in OSO for personal use (for details see www.oxfordscholarship.com/page/privacy-policy).date: 22 July 2019

The Unlawful Means Tort 1

The Unlawful Means Tort 1

Chapter:
(p.73) 4 The Unlawful Means Tort1
Source:
An Analysis of the Economic Torts
Author(s):

Hazel Carty

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199546749.003.0004

Although the existence of this tort is implicit in the discussion in Allen v Flood, it has only received its first real analysis in OBG. This chapter maps the history of the tort and its relationship to the tort of inducing breach of contract (the unlawful means tort involving stand-alone, primary liability). It explores its key ingredients: intention and unlawful means. As is revealed, uncertainties remain post-OBG given the orthodox definition of intention for this tort is apparently rejected, and given Lord Hoffmann (speaking for the majority) and Lord Nicholls disagreed on the definition of ‘unlawful means’. The implications for the future of this tort are then debated, centred on a discussion of the possible polices that could shape the definition of unlawful means. In addition, this tort is distinguished from an obscure principle of equity that originates from the decision in Springhead Spinning v Riley.

Keywords:   unlawful means tort, primary liability, intention, unlawful means, Springhead Spinning v Riley, breach of contract, Allen v Flood

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .