Pure Economic Loss

New Horizons in Comparative Law

By Vernon Valentine Palmer, Mauro Bussani

© 2009 – Routledge-Cavendish

326 pages

Purchasing Options:
Paperback: 9780415574587
pub: 2009-12-08
US Dollars$54.95
Hardback: 9780415775649
pub: 2008-09-29
US Dollars$160.00

About the Book

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.

Table of Contents

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

About the Authors

Vernon Valentine Palmer is the Thomas Pickles Professor of Law and the Director of the Eason-Weinmann Center of Comparative Law at Tulane University, USA.

Mauro Bussani is Full Professor of Private and Comparative Law at the University of Trieste, Italy, and Regular Visiting Professor at the University of Macau Law School, S.A.R. of the People’s Republic of China.

About the Series

UT Austin Studies in Foreign and Transnational Law

The UT Studies in Foreign and Transnational Law series aims to publish books covering various aspects of foreign, private, criminal and public law, as well as transnational law. The broad ambition of the series underlines the editors' belief that in a shrinking world there is a growing need go beyond describing foreign systems; to expand our knowledge of other legal orders  (national or supernational) and to publish books discussing comparative methodology.

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Subject Categories

BISAC Subject Codes/Headings:
BUSINESS & ECONOMICS / International / Economics
LAW / General
LAW / Contracts
LAW / Torts