Pure Economic Loss: New Horizons in Comparative Law

ISBN-13: 9780415574587 / Angielski / Miękka / 2009 / 338 str.

Vernon Valentine Palmer;Mauro Bussani;¬Abar

Opis

Pure economic loss is one of the most-discussed problems in the fields of tort and contract. How do we understand the various differences and similarities between these systems and what is the extent to which there is a common-core of agreement on this question? 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 and legal systems across the world. The countries covered are USA, Canada, Japan, Israel, South Africa, Japan, Romania, Croatia, Denmark and Poland, with the contributors taking a comparative fact-based approach through the use of hypothetical problems to analyze and then summarize the individual country's tort approach. Using a fact-based questionnaire, a tested taxonomy, and a sophisticated comparative law methodology, the authors convincingly demonstrate that there are liberal, pragmatic and conservative regimes throughout the world. The recoverability of pure economic loss poses a generic question for these legal systems - it is not just a civil law versus common law issue.It will be of interest to students and academics studying tort law and comparative law in the different countries covered.

Spis treści

Preface  Part 1 1. Introduction  2. The Liability Systems - A functional Ordering  Part 2: The National Contributions  1. Japan  2. Croatia  3. Quebec  4. United States  5. Canada  6. Israel  7. South Africa  8. Poland  9. Denmark  Part 3  1. Surveying the Results  2. General Conclusions