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Sender:
Joshua Getzler
Date:
Thu, 9 Nov 2000 15:34:30
Re:
Fast bucks & free acceptance

 

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

--
Dr Joshua Getzler
Law Fellow
St Hugh's College & Law Faculty, University of Oxford


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