E-Book Overview
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.
E-Book Content
Pure Economic Loss
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 the 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. 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, SAR of the People’s Republic of China.
The University of Texas at Austin, Studies in Foreign and Transnational Law General Editors: Sir Basil Markesinis and Dr Jörg Fedtke
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. This broad ambition of the series underlines the editors’ belief that in a shrinking world there is a growing need to expand our knowledge of other legal orders – national or supernational – and to publish books discussing comparative methodology and not merely describing foreign systems. Titles in the Series: The French Civil Code J.-L. Halpérin, transl. T. Weir Judicial Recourse to Foreign Law B. Markesinis and J. Fedtke International Negotiation in the Twenty-First Century A. Plantey, transl. F. Meadows Italian Private Law G. Alpa and V. Zeno-Zencovich Forthcoming titles The Protection of Privacy in Tort Law: A Comparison between English and German Law H