Pure Economic Loss in Europe

ISBN-13: 9780521824644 / Angielski / Twarda / 2003 / 640 str.

Mauro Bussani; Vernon Palmer; Ugo Mattei

Opis

How far can tort liability expand without imposing excessive burdens upon individual activity? This comprehensive study of the subject uses a fact-based comparative method and in-depth research into the laws of thirteen European countries. Many events result in pure economic loss, such as a business being idled by the cut of electricity cables. This controversial issue raises questions which affect the law of tort and contract.

Recenzje

Review of the hardback: 'This book is a mine of informed analysis. It provides many interesting and novel insights to the complex problem of pure economic loss and has (already) been a basis for further illuminating theoretical research. Whether one's interest is in comparative law, its methodology, the harmonisation of European private law, pure economic loss or tort law more generally, this book is an indispensable resource.' Maastricht Journal of European Comparative Law

Spis treści

General editor's preface; Preface; List of contributors; Table of legislation; Relevant statutory and codified provisions (in translation); List of abbreviations; Part I. Situating the Frontier: 1. The notion of pure economic loss and its setting Mauro Bussani and Vernon Valentine Palmer; 2. The rule against recovery in negligence for pure economic loss: an historical accident? James Gordley; 3A. Pure economic loss: an economic analysis Jürgen G. Backhaus; 3B. Liability for pure financial loss: revisiting the economic foundations of a legal doctrine Francesco Parisi; 4. American tort law and the (supposed) economic loss rule Gary T. Schwartz; 5. The liability regimes of Europe - their façades and interiors Mauro Bussani and Vernon Valentine Palmer; Part II. The Comparative Evidence: Case Responses and Editors' Comparative Comments: 6. Preliminary remarks on methodology Mauro Bussani and Vernon Valentine Palmer; 7. The case studies; Part III. Much Ado About Something: 8. Summary and survey of the cases and results Mauro Bussani and Vernon Valentine Palmer; 9. General conclusions of the study Mauro Bussani and Vernon Valentine Palmer; 10. The recoverability of pure economic loss within the perspective of a European codification Mauro Bussani and Vernon Valentine Palmer; Bibliography; Index.