翻訳と辞書 |
Economic torts in English law : ウィキペディア英語版 | 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."〔p.509 ''Markesinis and Deakin's Tort Law'' (2003 5th Ed.) OUP)〕 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 interference with economic relations or unlawful interference with trade), and watching and besetting. These torts represent the common law's historical attempt to balance the need to protect claimants against those who inflict economic harm and the wider need to allow effective, even aggressive, competition (including competition between employers and their workers). Two cases demonstrated economic tort's affinity to competition and labour law. In ''Mogul Steamship Co Ltd v McGregor, Gow & Co'' 〔(1889) LR 23 QBD 598〕 the plaintiffs argued they had been driven from the Chinese tea market by a 'shipping conference', that had acted together to underprice them. But this cartel was ruled lawful and "nothing more () a war of competition waged in the interest of their own trade."〔per Bowen LJ, (1889) LR 23 QBD 598, 614〕 Nowadays, this would be considered a criminal cartel.
抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「Economic torts in English law」の詳細全文を読む
スポンサード リンク
翻訳と辞書 : 翻訳のためのインターネットリソース |
Copyright(C) kotoba.ne.jp 1997-2016. All Rights Reserved.
|
|