Economic Torts in India Essay

3549 WordsMar 12, 201515 Pages
I | Introduction The ECONOMIC TORTS, as their name suggests, have as their primary function, the protection of claimant’s economic interests. They include the torts of simple conspiracy, unlawful conspiracy, inducing breach of contract, intimidation, unlawful interference with trade, deceit, and malicious falsehood. All of these are torts of intention. They also include passing off, one of the most useful of the economic torts, which though in practice normally involving deliberate harm, is in fact a tort of strict liability. Finally, the economic torts also include the tort of negligence, though applied in a narrow way.It is usual to separate the economic torts into two categories: the general torts and the misrepresentation torts. The general economic torts comprise conspiracy, inducing breach of contract, intimidation, and unlawful interference with trade. The misrepresentation economic torts are deceit, malicious falsehood, and passing off. However, it is a mistake to make such a rigid division when attempting a proper analysis. Such a division fails to highlight the interconnections between the two categories on the one hand and the dissimilarities between individual torts within each category on the other.Of course, the economic torts play only a residential role in the regulation of competition but it is a role that claimants seek constantly to increase. There is an obvious need to provide clarification: the problem with litigation in this area is that it tends to start and finish at the interlocutory stage, where no detailed analysis of the law is necessary. At the heart of the uncertainty surrounding these torts is the possibility of uncontrolled judicial expansion of such liability, at odds with the caution of the past. The ultimate question is how far should we move in the direction of a policy to protect against unfair competition and economic

More about Economic Torts in India Essay

Open Document