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Vol 22 No 1 Jan/Feb 2017

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Pure Economic Loss in Europe

ISBN13: 9780521824644
ISBN: 0521824648
Published: July 2003
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £129.00
Paperback edition , ISBN13 9780521180054

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Pure economic loss is one of the most discussed and controversial legal issues in Europe today, raising complex questions which affect the law of tort and contract. How far can tort liability expand without imposing excessive burdens upon individual activity? Should the recovery of pure economic loss be the domain principally of the law of contract? And is there a common core of principles, policies and rules governing tortious liability for pure economic loss in Europe?

This is the first comprehensive study of the subject, using a fact-based comparative method and in-depth research into the laws of thirteen European countries. Following a historical and analytical introduction to economic loss, experts from most European countries consider how their national systems would deal with the same practical problem, highlighting similarities and differences in a range of comprehensive issues. This is the third publication of the Common Core of European Private Law.

Tort Law
Preface; Abbreviations; Legislation; Relevant statutory and codified provisions; Table of English and Scottish cases
Part I. Situating the Frontier: 1. The notion of pure economic loss and its setting M. Bussani and V. V. Palmer; 2. The rule against recovery in negligence for pure economic loss: an historical accident J. Gordley; 3.1 Pure economic loss: an economic analysis J. G. Backhaus; 3.2 Liability for pure financial loss: revisiting the economic foundations of a legal doctrine F. Parisi; 4. American tort law and the (supposed) economic loss rule G. T. Schwartz; 5. The liability regimes of Europe: their facades and interiors M. Bussani and V. V. Palmer
Part II. The Comparative Evidence: Case Studies and Editors' Comments: 6. Preliminary remarks on methodology M. Bussani and V. V. Palmer; 7. The case studies
Part III. Much Ado About Something M. Bussani and V. V. Palmer: 8. Summary and survey of the cases and results; 9. General conclusions of the study; 10. The recoverability of pure economic loss in the perspective of a European codification; Bibliography; Index.