Date: Wed, 8 Oct 2008 16:32

From: Jason Neyers

Subject: Economic Torts in the LQR

Dear Colleagues:

List member Hazel Carty has a very interesting article (‘The Economic Torts in the 21st Century’) in the newest LQR dealing with the economic torts in light of the decision of the HL in Total. Her argument is that Total more or less destroyed the conceptual unity and order created by OBG - a decision which divided the economic torts into primary and secondary liability causes of action which merely expanded the range of plaintiffs for established civil wrongs.

The only difficulty that I have with the analysis is that there does not seem to be a defence as to why the OBG system is better than the system evidenced by Total (which is described as a fault plus intention plus loss system of liability). Clearly it is more conservative but why is it better?  The most conservative solution would be to abolish the economic torts entirely since they are, on Carty's analysis, an exception to the private law principle of privity - one with no rationale given for the exception made. 

Happy Reading,

-- 
Jason Neyers
Associate Professor of Law &  
Cassels Brock LLP Faculty Fellow in Contract Law
Faculty of Law
University of Western Ontario
N6A 3K7
(519) 661-2111 x. 88435

<<<< Previous Message  ~  Index  ~  Next Message >>>>>