Economic Torts

It has, on occasion, been suggested that Lumley v Gye should be understood as a particular manifestation of the more general principle that one commits a tort if he knowingly and intentionally procures an actionable wrong. Indeed, some support for this view can be found in English decisions that imp...

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Main Author: LEE, Pey Woan
Format: text
Language:English
Published: Institutional Knowledge at Singapore Management University 2011
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Online Access:https://ink.library.smu.edu.sg/sol_research/1110
https://search.library.smu.edu.sg/discovery/fulldisplay?docid=alma9910491702601&context=L&vid=65SMU_INST:SMU_NUI&lang=en&search_scope=Everything&adaptor=Local%20Search%20Engine&isFrbr=true&tab=Everything&query=any,contains,the%20law%20of%20torts%20in%20singapore&sortby=date_d&facet=frbrgroupid,include,9020915483184108675&offset=0
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spelling sg-smu-ink.sol_research-30622018-07-27T05:37:10Z Economic Torts LEE, Pey Woan It has, on occasion, been suggested that Lumley v Gye should be understood as a particular manifestation of the more general principle that one commits a tort if he knowingly and intentionally procures an actionable wrong. Indeed, some support for this view can be found in English decisions that imposed liability for procuring the breach of statutory duty and for inducing the breach of an equitable duty. On the other hand, the suggestion that there is a tort of “procuring a breach of trust” has been firmly resisted because the rules on third-party and accessory liability are already well established in the law of trusts. On balance, therefore, the authorities do not yet support the proposition that a general tort of “procuring an actionable wrong” exists. Indeed, it is submitted that a sweeping extension of the principle in Lumley v Gye has little to commend itself. Given that each civil wrong is unique in the rights or interests it protects, the creation or extension of accessory liability in each context should be determined by close reference to the nature of the protected interests, as well as the policy concerns particular to that context. 2011-01-01T08:00:00Z text https://ink.library.smu.edu.sg/sol_research/1110 https://search.library.smu.edu.sg/discovery/fulldisplay?docid=alma9910491702601&context=L&vid=65SMU_INST:SMU_NUI&lang=en&search_scope=Everything&adaptor=Local%20Search%20Engine&isFrbr=true&tab=Everything&query=any,contains,the%20law%20of%20torts%20in%20singapore&sortby=date_d&facet=frbrgroupid,include,9020915483184108675&offset=0 Research Collection Yong Pung How School Of Law eng Institutional Knowledge at Singapore Management University Asian Studies Torts
institution Singapore Management University
building SMU Libraries
continent Asia
country Singapore
Singapore
content_provider SMU Libraries
collection InK@SMU
language English
topic Asian Studies
Torts
spellingShingle Asian Studies
Torts
LEE, Pey Woan
Economic Torts
description It has, on occasion, been suggested that Lumley v Gye should be understood as a particular manifestation of the more general principle that one commits a tort if he knowingly and intentionally procures an actionable wrong. Indeed, some support for this view can be found in English decisions that imposed liability for procuring the breach of statutory duty and for inducing the breach of an equitable duty. On the other hand, the suggestion that there is a tort of “procuring a breach of trust” has been firmly resisted because the rules on third-party and accessory liability are already well established in the law of trusts. On balance, therefore, the authorities do not yet support the proposition that a general tort of “procuring an actionable wrong” exists. Indeed, it is submitted that a sweeping extension of the principle in Lumley v Gye has little to commend itself. Given that each civil wrong is unique in the rights or interests it protects, the creation or extension of accessory liability in each context should be determined by close reference to the nature of the protected interests, as well as the policy concerns particular to that context.
format text
author LEE, Pey Woan
author_facet LEE, Pey Woan
author_sort LEE, Pey Woan
title Economic Torts
title_short Economic Torts
title_full Economic Torts
title_fullStr Economic Torts
title_full_unstemmed Economic Torts
title_sort economic torts
publisher Institutional Knowledge at Singapore Management University
publishDate 2011
url https://ink.library.smu.edu.sg/sol_research/1110
https://search.library.smu.edu.sg/discovery/fulldisplay?docid=alma9910491702601&context=L&vid=65SMU_INST:SMU_NUI&lang=en&search_scope=Everything&adaptor=Local%20Search%20Engine&isFrbr=true&tab=Everything&query=any,contains,the%20law%20of%20torts%20in%20singapore&sortby=date_d&facet=frbrgroupid,include,9020915483184108675&offset=0
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