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An Analysis of the Economic Torts$
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Hazel Carty

Print publication date: 2010

Print ISBN-13: 9780199546749

Published to Oxford Scholarship Online: January 2011

DOI: 10.1093/acprof:oso/9780199546749.001.0001

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(p.122) 6 Conspiracy
An Analysis of the Economic Torts

Hazel Carty

Oxford University Press

This chapter explores the history and ingredients of the two types of conspiracy liability: lawful means conspiracy and unlawful means conspiracy. Throughout the 20th century, the relationship of the two types of conspiracy liability to the other economic torts and to each other was unclear. The decision in Total Network both rejects the limited view that unlawful means conspiracy is but a form of joint tortfeasance, and challenges the orthodox view that the conspiracy torts are largely peripheral to the main economic torts. Two questions are debated within the chapter: whether conspiracy liability is still contained in two separate torts or is part of a spectrum of liability for harmful combinations, and whether the overall discussion in Total Network reveals that conspiracy liability will help to shape the economic torts in the 21st century (in particular in relation to direct liability).

Keywords:   lawful means conspiracy, unlawful means conspiracy, joint tortfeasance, direct liability, harmful combination

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