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RDG
online Restitution Discussion Group Archives |
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Maybe my
hunch is supported in US law.
See M A Kotler, Motivation And Tort Law: Acting For Economic
Gain As A Suspect Motive' (1988) 41 Vanderbilt Law Review 63;
K J Vandevelde, 'The Modern Prima Facie Tort Doctrine'
(1990-1) 79 Kentucky Law Journal 519.
But this is tort/contract doctrine, perhaps outstripping
RDG interests.
JSG
Matthew Scully wrote:
Joshua Getzler writes:
Could Continentals invoke abuse of rights
doctrines? Not in French Law at any rate. ET did not do what
it did with the sole malicious aim of annoying FT. Indeed, there is
no evidence of any malice. ET's aim in doing what it did was simply
making a profit for itself. This was the utility for it of purchasing
the cards and calling its own premium-rate service. Abuse of rights
requires an element of malice and an absence of utility for the doer
of the act. Matthew Scully -- <== Previous message Back to index Next message ==> |
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