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Tortious interference with contract – injunctive relief
The wrongful or “tortious” interference with a contract occurs when a third party intentionally causes a contracting party to commit a breach of contract. The third party will be liable if they intentionally induced or disrupted a party’s ability to perform the terms of a binding contract. Remedies for tortious interference are available to ensure…
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Tortious interference with contract – what must be proven?
This article outlines the five elements of the tort of interference, including knowledge and intention, and provides further links and references. Learn how to claim damages against a Defendant who has caused a third party to breach their contractual obligations.
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The tort of injurious falsehood
Injurious falsehood is a tort which arises when false representations are made about a person or company, leading to damage. This article examines the key elements of the tort, including malice and actual loss, and looks at case law to explain them.
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The tort of passing off
The tort of “passing off” occurs where one trader (Defendant) has wrongly represented that its goods or services are related to those of another (Plaintiff) by imitating the latter’s “get-up”, or look and feel of their product or service.[1] A passing off action is designed to provide a remedy when this situation results in damage to the Plaintiff’s business reputation. It is usually pleaded as an alternative cause of action to misleading and deceptive conduct pursuant to the…
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Tort of conspiracy & confidential information
Australian Intelligence Community (AIC) and PC Falk issued decision in Uber Technologies and Uber B.V. investigation, providing guidance on Privacy Act 1988 (Cth) compliance and penalties. Uber ordered to implement plans, policies and programs and engage independent expert to ensure compliance.
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Water flow from neighbour – the tort of nuisance
It is a common misconception that the owner of a downstream property affected by water flowing from a neighbouring upstream property can do nothing about it. Of course the answer depends on the facts of the situation. The tort of private nuisance was defined in Gartner v Kidman (1962) 108 CLR 12 by Windeyer J…
Tort law
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