Economic Analysis of Law: Enforcement in Perspective

National Law University Orissa Working Paper No. 10

25 Pages Posted: 27 Jan 2010

See all articles by Anurag Tripathi

Anurag Tripathi

National Law University, Orissa (NLUO) at Cuttack

Date Written: 2009

Abstract

This paper seeks to present an integral conception of Economic tort, with the economic analysis of the comparative study of its working. The article considers the enforcement of economic tort and what are the problems and issues during the enforcement of economic tort. The economic tort, as its name suggests, has its primary function, the protection of victim’s economic interest of his existing financial expectations and whoever interfere will be liable. As it includes tort of simple conspiracy, breach of contract, unlawful interference with trade, intimidation, deceit and malicious falsehood, all these are torts of intention. Instead of these, the economic tort includes passing off, and the tort of negligence although it’s applied in a very narrow way. The economic tort is categorized into two categories: firstly general tort and secondly misrepresentation torts. Economic tort plays a very important role in the regulation of competition and protest against unfair practices in the economic behaviour.

The economic analysis of the tort law (economic tort) is very much similar with the economic approach of law. And its goal is namely efficiency i.e. optimal cost reduction. For example the cost the accident for which one is responsible are sunk. We cannot do anything for them. The only thing that can be done is shift the cost from the victim. That is of the part of the theory of the litigation ‘the shift of the fees’. The most important feature is that whether the actor has taken into account interest of the others or not. If the actor has taken into account means, in another way it is trying to show the intention of the actor and that is very important for the enforcement of law.

Keywords: Economic Tort, Economic Analysis, Meaning of Economic Tort and its Analysis, Enforcement of Law, Tort of Negligence

Suggested Citation

Tripathi, Anurag, Economic Analysis of Law: Enforcement in Perspective (2009). National Law University Orissa Working Paper No. 10, Available at SSRN: https://ssrn.com/abstract=1542612 or http://dx.doi.org/10.2139/ssrn.1542612

Anurag Tripathi (Contact Author)

National Law University, Orissa (NLUO) at Cuttack ( email )

Post Box No. 28, Chahata
Tulsipur
Cuttack, OR Odisha 753001
India
9040415456 (Phone)

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