Civil Liability for Pure Economic Loss

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Kluwer Law International, Aug 8, 1996 - Law - 208 pages
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For the first time distinguished experts from Europe, The United States and Canada address in a single volume one of the most difficult and topical problems of the Law of Tort or Delict: one that has exercised the minds of judges and scholars in the last two decades in all major jurisdictions. The problem of Civil Liability for Pure Economic Loss has defied traditional doctrine and judicial reasoning, with the complexity of the important economic, social and political issues that it raises. Such loss may result from defective buildings or products, accidental power cuts or interruptions of business and vital supplies, negligent professional services or negligent public authority action. This book contains original and-up-to date essays analysing different aspects of the problem in the context of the function of legal rules in the market place, And The dogmatic and political foundations of different legal systems. It will be of great interest to judges, legal practitioners and Private Law scholars in all legal systems represented in the individual chapters, which include all major European legal systems, As well as the law of the United States and Canada.
 

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Contents

Economic Loss the Issues
1
commercial and noncommercial
8
the certainty of the loss
16
The scene
22
Arguments allegedly lying behind the present law
46
Conclusion
52
Schadensfeststellung und Schadenstypen
60
Verhaltenstypen gegeniiber reinem Vermogensschaden
67
An evaluation of the traditional role
114
Proximity
131
Negligent performance of professional services
139
Summary
147
Information liability
154
Liability of suppliers of professional services
163
The famous cable cases
169
A Critique of Current
181

Compensation for Pure Economic Loss in German
73
La reparation du prejudice economique pur en droit francais
89
Les temperaments au principe
97
Assessing
103
An appraisal
188
Conclusion
196
Index
203
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