For graduate students, the course number is LAW2064HF.

Note: This course is offered every other year may be offered again in 2019-2020.

Note: The Blackboard program will be used for this course. Students must self-enrol in Blackboard as soon as confirmed in the course in order to obtain course information.

Tort liability for economic harm is one of the most theoretically interesting and practically important areas of private law. However, despite being central to modern commercial litigation and transactional risk assessment, “economic” torts are not well-understood and are rarely included within the standard law school curriculum. This seminar will provide students with a comprehensive overview of key economic torts from their emergence in 13th century England to the present day, combining examination of the leading cases with discussion of contemporary factual scenarios in which the torts are practically applied. The course is divided into three parts:

  • The intentional economic torts of conspiracy, inducing breach of contract, unlawful interference with economic relations and intimidation.
  • The misrepresentation-based torts of deceit, negligent misrepresentation, injurious falsehood and passing off.
  • Equitable and sui generis liability for breach of fiduciary duty, unjust enrichment, breach of confidence and knowing assistance/knowing receipt.
  • Along the way, the course will explore several recurring themes, including the interaction between tort, contract and restitution, the concepts of intentionality and negligence in private law, civil liability for breach of statute, the tension between commercial certainty and fair compensation, and the degree to which economic torts undermine or support the claims of corrective justice as an organizing principle of tort law.

    Evaluation
    Students may choose to be evaluated based on either a research paper (6,250 – 7,500 words) on a topic agreed on after consultation with the instructors or a two hour open-book exam (in either case, 90%). Part of the evaluation will also be based on class participation (10%).

    At a Glance

    First Term
    Credits
    3
    Hours
    2

    Enrolment

    Maximum
    20
    18 JD
    2 LLM/SJD/MSL/NDEGS/SJD U

    Schedule

    M: 6:10 - 8:00