Understanding Intimidation

Murphy, John (2014) Understanding Intimidation. Modern Law Review, 77 (1). pp. 33-59. ISSN 0026-7961

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Abstract

This article examines the gist, vitality and practical utility of the tort of intimidation and identifies what count as unlawful threats and as actionable harm. While two versions of the tort have been identified in the past – one involving two parties, one involving three – only the former has survived the decision of the House of Lords in OBG v Allan. In the context considering the tort's practical usefulness, the article exposes as bogus the suggestion that two‐party intimidation offers nothing that is not already supplied under the law of contract via the doctrines of anticipatory breach, duress and economic duress. The article concludes with two radical suggestions. First, that two‐party intimidation is not a specifically economic tort and secondly, in view of this fact, it was a most inappropriate tool for the House of Lords to have used in their resurrection of the tort of unlawful means conspiracy in Total Network SL v Revenue and Customs Commissioners.

Item Type:
Journal Article
Journal or Publication Title:
Modern Law Review
Uncontrolled Keywords:
/dk/atira/pure/subjectarea/asjc/2700
Subjects:
ID Code:
73402
Deposited By:
Deposited On:
18 Jun 2015 05:37
Refereed?:
Yes
Published?:
Published
Last Modified:
15 Jan 2020 07:49