Actions on the case for various kinds of economic loss

Abstract

This chapter is concerned with miscellaneous actions on the case for causing economic loss, particularly in the context of monopolies. An action for drawing customers away from a market was allowed in 1310, and other monopolies were recognized under manorial customs, but a monopoly could not be acquired simply by being the first to use a trade in a particular place. A novel action of 1584 for infringing a trademark included elements of deceit and defamation, but there was as yet no concept of intellectual property. Monopolies granted by patent received a blow from a leading decision of 1602 concerning playing-cards. New kinds of economic tort were recognized in actions for intimidation (1621) and malicious injury in trade (1707), raising possibilities to be exploited in much later periods.