
Contents
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14 Damage to ‘Other Property’: Exploring the Boundary Between Property Damage and Pure Economic Loss
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I. Introduction I. Introduction
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II. Development of the Marex Tort II. Development of the Marex Tort
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III. Scope of the Marex Tort III. Scope of the Marex Tort
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A. The Nature of the Underlying Obligation A. The Nature of the Underlying Obligation
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B. Entry of a Judgment B. Entry of a Judgment
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C. Type and Status of the Judgment C. Type and Status of the Judgment
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D. Orders D. Orders
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E. Mere Omissions E. Mere Omissions
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F. The Need for an Actual Breach F. The Need for an Actual Breach
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G. The Rule in Said v Butt G. The Rule in Said v Butt
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H. Defences H. Defences
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I. Remoteness I. Remoteness
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J. Remedies J. Remedies
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K. Procedure K. Procedure
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IV. What Does the Marex Tort Add? IV. What Does the Marex Tort Add?
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A. Relationship with Other Torts A. Relationship with Other Torts
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B. Freezing Orders B. Freezing Orders
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V. Wider Issues V. Wider Issues
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A. Is the Marex Tort a Discrete Tort? A. Is the Marex Tort a Discrete Tort?
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B. A Tort of Contempt of Court? B. A Tort of Contempt of Court?
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VI. Conclusion VI. Conclusion
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Cite
Abstract
In certain circumstances, tort law imposes liability for procuring the commission of wrongs. This chapter focuses on one such instance the origin of which is the High Court’s decision in Marex Financial Ltd v Sevillja. In that case, it was held that it was sufficiently arguable for the purposes of securing jurisdiction that it was tortious intentionally and knowingly to induce a violation of rights in a judgment debt. Subsequent cases have confirmed the tort’s existence on the basis that it finds a close analogy with the tort of inducing a breach of contract. This chapter examines the evolution of this new head of liability and its scope. It also explores some of its wider implications for the law of torts.
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