Older Torts Abolished The Family Law Act 1981 abolished certain old long-standing civil wrongs; criminal conversation, enticement and harbouring of spouses. It also abolished an action for breach of contract to marry. The civil wrongs reflected the historically subordinate status of women. They no longer protect any legitimate interest in modern times. Loss of Consortium Some older potentially anomalous torts […]
Context The law allows persons to bring a legal action, provided that they act in good faith. The threshold for bringing legal proceedings is relatively low. If, however, the proceedings are taken for the wrong motive or without bona fide belief in their merit, then the civil wrong of abuse of process may be constituted, giving the defendant a right […]
Overview Injurious or malicious falsehood is similar to defamation. It includes slander of title to land or goods. It also includes false statements designed to injure a person in his trade or business. It is different to defamation in that the falsehood may reflect well on the plaintiff but nonetheless cause him loss. It is not necessary to allege any […]
Overview There are significant privileges for persons who make criminal complaints. In a criminal context, a person may be prosecuted notwithstanding that he is ultimately acquitted, or indeed it is apparent in hindsight that he is not guilty. Where, however, a criminal prosecution is initiated maliciously without reasonable and probable cause, the person who instituted the proceedings may be liable […]
Context Prior to the 1960s, liability for negligent misrepresentation or misstatement had not been established as a tort /civil wrong. Negligent misrepresentation could nonetheless have significant implications in various other contexts, in particular in the context of contractual negotiations. See our chapter in relation to misrepresentations in the context of contracts. There is a separate form of liability for fraudulent […]
Deliberate Interference with Contractual Rights Generally, persons and corporates are entitled to compete in business in any way they see fit. However, certain deliberate acts may be unlawful and leave the party concerned liable to compensate a third party who has suffered economic loss as a result. It is a civil wrong to interfere, deliberately, with a third party’s contractual […]
Intimidation Intimidation consists of a threat by one person to another designed to cause the second person to act or to refrain from acting in a manner in which he was entitled, to his own detriment or to the detriment of another. A threat is an intimation that unless the latter does or does not do something, the former will […]
Scope of Conspiracy The scope of the tort of conspiracy in Ireland is not fully clear. At common law, an agreement or combination by two or more persons to do something to the detriment of a third party constituted the tort of conspiracy. This is the case, notwithstanding that doing the same act or thing by a single person would […]
Nature of Passing Off Passing off is an interference with the claimant’s rights to his goodwill, brand, business name and reputation. Passing off may occur innocently. It does not require either actual deception or an intention to deceive. Passing off may occur where there is a misrepresentation by a business, in the course of trade, to prospective customers which is […]