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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 …