Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Entire DC Network
The Frontier Between Contractual And Tortious Liability In Europe: Insights From The Case Of Compensation For Pure Economic Loss, Mauro Bussani, Vernon V. Palmer
The Frontier Between Contractual And Tortious Liability In Europe: Insights From The Case Of Compensation For Pure Economic Loss, Mauro Bussani, Vernon V. Palmer
Mauro Bussani
Recoverability of pure economic losses stands at the cutting edge of many crucial questions, such as: To what extent should tort rules be compatible with the market orientation of the legal system? How far can tort liability expand without imposing excessive burdens upon individual activity? As a matter of policy should the recovery of pure economic loss be the domain principally of the law of contract? The paper pursues the goal of sketching possible answers to these questions as far as European jurisdictions are concerned. Thus, it first outlines the factual situations where a pure economic loss is likely to …
Liability For Pure Financial Loss In Europe: An Economic Restatement, Mauro Bussani, Vernon V. Palmer, Francesco Parisi
Liability For Pure Financial Loss In Europe: An Economic Restatement, Mauro Bussani, Vernon V. Palmer, Francesco Parisi
Mauro Bussani
As generally understood in the law and economics literature, the economic loss rule states that a plaintiff cannot recover damages for a pure financial loss. The comparative study of the recoverability in tort of pure economic losses, however, reveals that the recognition and significance attributed to the economic loss rule and to the notion of "economic loss" varies considerably across Western legal systems. This paper therefore revisits recent findings of comparative law about the recoverability of pure economic losses, and demonstrates that legal notions of pure economic loss encompass several types of situations, with little or no correspondence with the …