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Need an research paper on law governing tortuous liability for negligently inflicted pure economic loss. Needs to be 10 pages. Please no plagiarism.
Need an research paper on law governing tortuous liability for negligently inflicted pure economic loss. Needs to be 10 pages. Please no plagiarism. The “absence of any unifying principle drawing together the different heads of economic tort liability has often been remarked upon.”
Two cases established economic torts kinship to competition and labour law. In Mogul Steamship Co. Ltd. the plaintiff indicated he had been forced back from the Chinese tea market by challengers at a shipping conference that had come unitedly to dump his company.
In this day and age, this cartel could be regarded as a criminal cartel. In labour law, the most outstanding case is Taff Vale Railway v. Amalgamated Society of Railway Servants.4, In this case, The House of Lords thought that unions have the liability in tort for aiding workers to strike for improved pay and working conditions. But it irritated workers and eventually led to the creation of the British Labour Party and the Trade Disputes Act 1906. In addition to these torts applied against unions are a conspiracy, meddlings with a profitable contract or threats.
A general clarification of the economic loss rule links to the ingredient of foreseeability of the harm. It has been recommended that tort principles based on foreseeability were formulated for physical damage and are not practicable outside such settings. The development of the economic loss rule is explicated as no-nonsense progress of the law. But when the conventional foreseeability test is linked with cases of pure financial loss then it leads to disastrous levels of liability.
Feldthusen, supra note 7, pp. 10-11. The author asserts that the “remoteness” of the damage from the initial conduct of the defendant is the characteristic and endemic issue which distinguishes pure economic loss, as a practical matter, from cases involving physical damage.
Thus, when required, any alteration to compensation must always be positive (Polinsky and Rubinfeld, 1988). If the litigation costs are not very high then it becomes certain that injurers will surely take due care of the victims. .