🤕Torts Unit 14 – Economic Torts

What are Economic Torts?

• Economic torts involve wrongful interference with someone's trade or business
• Protect economic interests rather than personal or property rights
• Occur when the unlawful actions of a defendant cause financial harm to the plaintiff
• Require proof that the defendant acted intentionally to interfere with the plaintiff's economic interests
• Plaintiff must demonstrate they suffered actual economic losses due to the defendant's actions
• Economic torts often involve unfair competition between businesses
• Commonly arise in commercial contexts where businesses are competing for customers or market share

Types of Economic Torts

• Passing off occurs when a defendant misrepresents their goods or services as those of the plaintiff
  • Involves tricking consumers into believing they are purchasing the plaintiff's products
  • Can dilute the plaintiff's brand and divert sales away from the plaintiff
• Injurious falsehood involves the defendant making false statements that harm the plaintiff's business
  • Statements must be untrue and made maliciously with intent to cause harm
  • Plaintiff must prove special damages in the form of actual financial losses
• Conspiracy occurs when two or more persons combine to cause economic harm to the plaintiff
  • Requires an agreement between the conspirators to engage in unlawful conduct
  • Conspiracy itself is actionable even if the planned unlawful act is not carried out
• Inducing breach of contract involves the defendant persuading a third party to breach their contract with the plaintiff
  • Defendant must know of the existence of the contract
  • Requires proof that the defendant's interference caused the third party to breach
• Intimidation involves the defendant using threats or fear to compel the plaintiff to act against their will
  • Threats can be of physical harm, economic harm, or other consequences
  • Plaintiff must prove they acted against their will due to the defendant's intimidation
• Unlawful interference with economic interests is a broad tort covering various forms of wrongful interference
  • Can include inducing employees to leave the plaintiff's business
  • Encompasses unfair competition and other economic harms not covered by specific torts

Key Elements of Economic Torts

• Defendant's conduct must be unlawful or illegitimate
  • Mere competition is insufficient; conduct must involve wrongful means
  • Examples of unlawful means include fraud, misrepresentation, intimidation, or inducing breach of contract
• Defendant must intend to cause economic harm to the plaintiff
  • Defendant's actions must be aimed at interfering with the plaintiff's economic interests
  • Reckless disregard for the consequences of one's actions may satisfy the intent requirement in some cases
• Plaintiff must suffer actual economic losses
  • Speculative or potential future losses are insufficient
  • Economic losses can include lost profits, loss of business opportunities, or diminished value of a business
• Defendant's unlawful conduct must be the proximate cause of the plaintiff's losses
  • Plaintiff must demonstrate a causal link between the defendant's actions and their economic harm
  • Intervening events or the plaintiff's own actions can break the chain of causation

Famous Economic Tort Cases

• Lumley v Gye (1853) established the tort of inducing breach of contract
  • Defendant induced an opera singer to breach her exclusive performance contract with the plaintiff
  • Court held the defendant liable for knowingly procuring the breach
• Mogul Steamship Co Ltd v McGregor, Gow & Co (1892) addressed the limits of lawful competition
  • Defendants engaged in aggressive pricing to drive the plaintiff out of business
  • Court found the defendants' actions were not unlawful as they were done with legitimate commercial interests
• Tarleton v McGawley (1793) recognized the tort of intimidation
  • Defendant fired shots from his ship to scare away natives who were trading with the plaintiff
  • Court held the defendant liable for using unlawful means to interfere with the plaintiff's trade
• OBG Ltd v Allan (2007) clarified the scope of economic torts in English law
  • House of Lords distinguished between unlawful means torts and lawful means conspiracy
  • Confirmed that unlawful means must be actionable by the third party, not just the plaintiff

Defenses to Economic Torts

• Justification can be a defense if the defendant acted with a legitimate purpose
  • Defendant must show their actions were necessary to protect their own legal rights or economic interests
  • Mere self-interest is insufficient; defendant's actions must be proportionate and reasonable
• Truth is a complete defense to injurious falsehood
  • If the defendant's statements about the plaintiff's business are substantially true, no liability arises
  • Defendant bears the burden of proving the truth of their statements
• Privilege can shield defendants from liability in certain circumstances
  • Absolute privilege applies to statements made in parliamentary or judicial proceedings
  • Qualified privilege may apply to communications made to protect the defendant's legitimate interests
• Consent by the plaintiff can bar an action for economic torts
  • If the plaintiff agreed to the defendant's interference, they cannot later claim it was unlawful
  • Consent can be express or implied from the parties' conduct or relationship

Damages and Remedies

• Compensatory damages aim to restore the plaintiff to the position they would have been in absent the tort
  • Can include lost profits, loss of business opportunities, or costs incurred due to the defendant's actions
  • Plaintiff must prove their losses with reasonable certainty
• Punitive damages may be awarded in cases of egregious or malicious conduct
  • Designed to punish the defendant and deter future wrongdoing
  • Generally only available in cases of intentional torts or reckless disregard for the plaintiff's rights
• Injunctive relief can be sought to prevent ongoing or future economic harm
  • Court orders the defendant to cease their unlawful conduct
  • Injunctions can be prohibitory (forbidding certain actions) or mandatory (requiring specific performance)
• Account of profits may be available in cases of passing off or other intellectual property torts
  • Defendant is required to disgorge any profits earned as a result of their unlawful conduct
  • Prevents unjust enrichment and deters infringement of the plaintiff's rights

Economic Torts vs. Other Legal Concepts

• Economic torts are distinct from personal torts like battery or defamation
  • Focus on financial harm rather than physical or reputational injuries
  • Require proof of specific economic losses, not just general damages
• Contract law provides remedies for breach of contractual obligations
  • Economic torts can arise in the context of contractual relationships (inducing breach of contract)
  • But economic torts are based on unlawful conduct, not mere breach of contract
• Intellectual property law protects rights in intangible creations like trademarks or patents
  • Some economic torts (passing off) involve infringement of intellectual property rights
  • But economic torts are broader in scope and not limited to intellectual property

Real-World Applications and Examples

• Businesses may sue competitors for passing off if they use similar branding to mislead consumers
  • Coca-Cola sued a Mexican company for selling "Coca Pina" soft drinks with similar trade dress
  • Court found the defendant liable for passing off and ordered them to change their branding
• Employers can bring claims for inducing breach of contract if a competitor poaches their employees
  • Tech companies like Google and Apple have faced lawsuits for hiring employees who were under non-compete agreements
  • Courts balance the interests of employers, employees, and the public in deciding these cases
• Negative online reviews can give rise to claims of injurious falsehood if they contain false statements
  • A car dealership sued a former customer for posting false negative reviews on Google and DealerRater
  • Jury awarded the dealership $1.5 million in damages for defamation and intentional interference with business
• Conspiracy claims can target groups who coordinate to harm a business
  • A construction company sued a labor union for conspiring to drive up its costs and delay projects
  • Court found the union engaged in unlawful conduct and awarded damages to the company