Economic Torts

Note: This course is offered every other year and may be offered again in 2027-2028.

Tort liability for economic harm is one of the most theoretically interesting and practically important areas of private law. However, despite being central to modern commercial litigation and transactional risk assessment, economic torts are not well-understood and are rarely included within the standard law school curriculum. This seminar will provide students with a comprehensive overview of key economic torts from their emergence in 13th century England to the present day, combining examination of the leading cases with discussion of contemporary factual scenarios in which the torts are practically applied. The course is divided into three parts:

• The intentional economic torts of conspiracy, inducing breach of contract, unlawful interference with economic relations, misfeasance in public office and intimidation.
• The misrepresentation-based torts of deceit, negligent misrepresentation, injurious falsehood and passing off.
• Equitable and sui generis liability for breach of fiduciary duty, unjust enrichment, breach of confidence and knowing assistance/knowing receipt.

Along the way, the course will explore several recurring themes, including the interaction between tort, contract and restitution, the concepts of intentionality and negligence in private law, civil liability for breach of statute, the tension between commercial certainty and fair compensation, and the degree to which economic torts undermine or support the claims of corrective justice as an organizing principle of tort law.