Civil Liability for Pure Economic Loss PDF Download

Author: Efstathios Banakas
Publisher: Springer
ISBN: 9789041109088
Category : Law
Languages : en
Pages : 224

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Book Description

Author: Vernon V. Palmer
Publisher: Taylor & Francis
ISBN: 0415775647
Category : Business & Economics
Languages : en
Pages : 339

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Book Description
Pure economic loss is one of the most-discussed problems in the fields of tort and contract. This book takes a comparative approach to the subject, exploring the principles, policies and rules governing tortious liability for pure economic loss in a number of countries across the world including the USA, Canada, Japan, South Africa and Denmark.

Author: Bruce P. Feldthusen
Publisher: Carswell
ISBN:
Category : Law
Languages : en
Pages : 348

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Book Description

Author: Marta Santos Silva
Publisher: Springer
ISBN: 3319529234
Category : Law
Languages : en
Pages : 295

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Book Description
This book investigates whether national courts could and should import innovative solutions from abroad in the adjudication of complex legal disputes. Special attention is paid to the concept of “legally relevant damage” and its importance in overcoming the deadlock created by the category of “pure economic loss” in the Portuguese and German tort law systems. These systems are essentially based on the concept of unlawfulness (“Rechtswidrigkeit”), which limits the compensation for pure economic loss to where a protective rule is infringed. These losses have nevertheless been compensated for through the extensive interpretation of rules and the appeal to near-contractual devices, which has been detrimental to legal certainty, the equality before the law, and subjects’ freedom of action. This book explains why courts can and should take a proactive role and apply DCFR-based solutions in order to compensate for every loss that is worthy of legal protection.

Author: Mauro Bussani
Publisher: Oxford University Press
ISBN: 019536838X
Category : Law
Languages : en
Pages : 297

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Book Description
The place of tort law -- Negligence (and strict liability) -- Recovery for physical harms : the case of medical malpractice -- Non-economic damage and primary victims -- Recovery of secondary victims for economic harm and emotional distress -- Compensation for pure economic loss -- Causation -- Products liability.

Author: Mauro Bussani
Publisher: Cambridge University Press
ISBN: 113943862X
Category : Law
Languages : en
Pages : 641

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Book Description
How far can tort liability expand without imposing excessive burdens upon individual activity? This comprehensive 2003 study of pure economic loss in Europe uses a fact-based comparative method and research into the laws of thirteen European countries. Includes a historical and analytical introduction to economic loss.

Author: Russell Brown
Publisher:
ISBN: 9780433454502
Category : Negligence
Languages : en
Pages : 481

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Book Description
"This is the first book devoted solely to examining Canadian case authorities and the unique problems that arise from them. It also introduces a new innovative macro-organizational structure for understanding pure economic loss. In doing so, the book brings new insight, explanations, and ways of looking at this complicated subject area."--Publisher.

Author: M. P. Furmston
Publisher: Bloomsbury Academic
ISBN:
Category : Law
Languages : en
Pages : 312

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Book Description
This contains the views and opinions of scholars from all over the world on the policies and trends in liability for damage to property and economic loss. Topics include the debate on economics and law , the relationship between contract and tort law, characterization and the context and problems of economic loss in American tort law, and more.

Author: Sulaiman Abdussamad
Publisher:
ISBN:
Category :
Languages : en
Pages : 49

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Book Description
Over the years, the problem of pure economic loss together with its presumptive non-recovery 'bright line' rule have continued to lead discussions on the boundaries of tort law, which is never closed. Perhaps nowhere else in the law of tort has there been such diversity of opinion than in the recoverability question of pure economic loss. Arguably, the most discussed and expanding rule in the realm of tort law today. This study, however, examines the notion of economic loss across two different systems, the tort laws of United States and Spain. It begins with how pure economic loss relates to contract. Why physical loss does enjoy more protection than economic loss? Why was there divergence of treatment for economic loss within and across systems? The courts' reluctance to allow recovery not linked with physical loss or injury for the fear that such admission would open the door to mass litigation, which might very well overwhelm the courts. The mutual concerns of both common and civil law courts to keep liability exposure on check and the use of duty in case of common law and causation for civil law to achieve that. Attention is also given to the uncertainty regarding the prerequisite for compensation of economic loss and the lack of consistent framework in determining recoverability. The study concludes with an opinion on the ongoing debate over the propriety or otherwise of recovery expansion.

Author: Yuna Huang
Publisher: LIT Verlag Münster
ISBN: 3643901194
Category : Law
Languages : en
Pages : 305

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Book Description
This book focuses on liability and compensation for negligently caused pure economic loss as a general question in tort law and specifically as a question in maritime tort law, especially in cases of oil pollution damage. A substantial part of this study is dedicated to the examination of the legal status of pure economic loss caused by ship-source oil pollution incidents, the outer margins of recoverable losses as well as compensation practice, from both an international and a national perspective. The compensation practices of the IOPC Funds have been analysed carefully for this purpose.