PROTECTION OF THE RIGHT TO WORK IN THE LAW OF TORTS
AbstractIn this article, the author questions whether the common law provides adequate protection of a person’s livelihood from illegal interference. The author explores the possible ways in which the law of torts might provide protection against such interference, with particular attention paid to interference with status, interference with rights, and intentionally causing loss by illegal means. The author suggests that such torts provide insufficient redress for those who have suffered loss as a result of illegal action. Finally, the author notes that the development of the law in this area will ultimately be guided by policy, to be determined by the degree to which the courts wish to limit free competition. In assessing the parameters of the law in this area, the author explores the Commonwealth and American responses to the problem and invites the House of Lords to do the same.
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