Download or read book Pure Economic Loss in Europe written by Mauro Bussani and published by Cambridge University Press. This book was released on 2003-07-31 with total page 641 pages. Available in PDF, EPUB and Kindle. Book excerpt: How far can tort liability expand without imposing excessive burdens upon individual activity? This comprehensive 2003 study of pure economic loss in Europe uses a fact-based comparative method and research into the laws of thirteen European countries. Includes a historical and analytical introduction to economic loss.
Download or read book Economic Negligence written by Bruce P. Feldthusen and published by Carswell. This book was released on 1984 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Pure Economic Loss in Canadian Negligence Law written by Russell Brown and published by . This book was released on 2011 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This is the first book devoted solely to examining Canadian case authorities and the unique problems that arise from them. It also introduces a new innovative macro-organizational structure for understanding pure economic loss. In doing so, the book brings new insight, explanations, and ways of looking at this complicated subject area."--Publisher.
Download or read book Pure Economic Loss written by Vernon V. Palmer and published by Taylor & Francis. This book was released on 2009 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: Pure economic loss is one of the most-discussed problems in the fields of tort and contract. 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 across the world including the USA, Canada, Japan, South Africa and Denmark.
Download or read book Tort Liability for Pure Economic Loss written by Catherine M. Sharkey and published by . This book was released on 2018 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This article describes and evaluates from a comparative perspective the approach to tort liability for pure economic loss adopted in the Restatement (Third) Torts: Liability for Economic Harm. The analysis highlights three fundamental issues: whether a claim in tort can arise concurrently with a claim in contract; whether claims for professional negligence merit special treatment and, if so, how; and whether claims relating to negligent misrepresentation should be subject to the same rules as apply to negligence generally. Consideration of how these issues are addressed in English, French, and German law suggests that debates in the United States might usefully be informed by European experience.
Download or read book Liability for Pure Economic Loss written by Bruce P. Feldthusen and published by . This book was released on 1998 with total page 31 pages. Available in PDF, EPUB and Kindle. Book excerpt: Main focus on recent decisions of the Supreme Court of Canada, in comparison with those of the Australian High Court.
Download or read book Liability for Pure Economic Loss written by Bruce Feldthusen and published by . This book was released on 2014 with total page 37 pages. Available in PDF, EPUB and Kindle. Book excerpt: The article discusses five distinct categories of claim for pure economic loss in negligence: misrepresentation, relational loss, defective buildings, discretionary public benefits and the performance of services. It concentrates on a criticism of recent decisions of the Supreme Court of Canada, with brief and less critical reference to comparable decisions of the High Court of Australia. The article also sheds some light on the general question of how a court might best decide whether or not to recognize a novel duty of care.
Download or read book The Law of Tort written by M. P. Furmston and published by Bloomsbury Academic. This book was released on 1986 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: This contains the views and opinions of scholars from all over the world on the policies and trends in liability for damage to property and economic loss. Topics include the debate on economics and law , the relationship between contract and tort law, characterization and the context and problems of economic loss in American tort law, and more.
Download or read book Pure Economic Loss written by Willem H. van Boom and published by Springer. This book was released on 2003-12-22 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: Today, pure economic loss is probably one of the main problems in expanding tort law. In some countries, it is associated with uncontrollable and unforeseeable floods of claims to which there may be no end. In this book, leading authors shed light on the subject. An attempt is made to include a possible road towards a common European denominator on compensation for pure economic loss. The perspectives presented in this book are manifold. Contributions on the following topics are included: pure economic loss under specific national legal systems and from several comparative law perspectives, legal and economic analyses, tortious liability of banks and auditors, and an outlook on further developments.
Download or read book Unrestrained Liability for Pure Economic Loss in the United States and Spain written by Sulaiman Abdussamad and published by . This book was released on 2016 with total page 49 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the years, the problem of pure economic loss together with its presumptive non-recovery 'bright line' rule have continued to lead discussions on the boundaries of tort law, which is never closed. Perhaps nowhere else in the law of tort has there been such diversity of opinion than in the recoverability question of pure economic loss. Arguably, the most discussed and expanding rule in the realm of tort law today. This study, however, examines the notion of economic loss across two different systems, the tort laws of United States and Spain. It begins with how pure economic loss relates to contract. Why physical loss does enjoy more protection than economic loss? Why was there divergence of treatment for economic loss within and across systems? The courts' reluctance to allow recovery not linked with physical loss or injury for the fear that such admission would open the door to mass litigation, which might very well overwhelm the courts. The mutual concerns of both common and civil law courts to keep liability exposure on check and the use of duty in case of common law and causation for civil law to achieve that. Attention is also given to the uncertainty regarding the prerequisite for compensation of economic loss and the lack of consistent framework in determining recoverability. The study concludes with an opinion on the ongoing debate over the propriety or otherwise of recovery expansion.
Download or read book Pure economic loss written by Laurent Bloch and published by . This book was released on 2004 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Economic Negligence written by Bruce Feldthusen and published by . This book was released on 2008 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Liability for Negligent Misstatements written by Christian A. Witting and published by . This book was released on 2004 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new book is the first comprehensive and integrated account of the law on liability for negligent misstatements. Designed as a comprehensive guide for practitioners, it outlines the essential issues that must be considered in determining whether a client will have a cause of action fornegligent misstatement. It will also discuss in detail those issues that are likely to prove most contentious.In England, liability for negligent misstatements provides the most important form of tortious redress for financial losses. The examination of this complex law takes place at a number of levels.First, the book attempts to unravel the 'three-stage test' which provides the conceptual framework within which duties of care are analysed in tort. An account of the function of each stage of the test is offered. Second, the book defines what constitutes 'physical damage' and 'pure economic loss'and examines the major ways in which the latter kind of loss arises. Third, the book outlines the elements of liability in physical damage and pure economic loss cases. The treatment of liability by negligent misstatements is completed with a full discussion of breach, causation, and the defences.
Download or read book Liability for Pure Economic Loss written by David I. Bristow and published by . This book was released on 1992 with total page 92 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Civil Liability for Pure Economic Loss written by Efstathios Banakas and published by Springer. This book was released on 1996-08-08 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Liability for Pure Economic Loss in Europe written by and published by . This book was released on 200? with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book An Analysis of the Economic Torts written by Hazel Carty and published by . This book was released on 2010 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: The economic torts for too long have been under-theorized and under-explored by academics and the judiciary alike. In recent years claimants have exploited the resulting chaos by attempting to use the economic torts in ever more exotic ways. This second edition, as before, attempts to provide practical legal research to both explore the ingredients of all these torts - both the general economic torts (inducing breach of contract, the unlawful means tort, intimidation, the conspiracy torts) and the misrepresentation economic torts (deceit, malicious falsehood and passing off) - and their rationales. And, as before, an optimum framework for these torts is suggested. However that framework has to take on board the apparent tension within the House of Lords as revealed in the recent decisions in OBG v Allan and Total Network v Revenue. Over 100 years ago the House of Lords in the seminal decision of Allen v Flood in theory set the agenda for the modern development of the economic torts. The majority in that case adopted an abstentionist approach to liability for intentionally inflicted economic harm, so that even where intentional and unjustified economic harm was inflicted, liability would not necessarily follow. However, this clear framework for the torts was obscured by subsequent case law, leaving the economic torts in a hopeless muddle by the start of the twenty-first century. A chance to finally sort out this mess was presented to the House of Lords in 2007 in the shape of three conjoined appeals, reported under the name OBG v Allan. The thrust of the judgments was that a framework for the economic torts was to be established and dicta and decisions that caused problems and incoherence were to be named and shamed. Re-affirming the abstentionist philosophy of Allen v Flood Lord Hoffmann and Nicholls and Baroness Hale in part relied upon the first edition of An Analysis of the Economic Torts, Lord Hoffmann noting "... if what I have said does anything to clarify what has been described as an extremely obscure branch of the law, much is owing to Hazel Carty's book An Analysis of the Economic Torts ". However, within 10 months of the OBG decision, a differently constituted HL in Total Network SL v Revenue and Customs Commissioners undermined this nascent coherence and did so by focusing on the conspiracy torts (previously dismissed by some commentators as anomalous or superfluous). Distinguishing OBG (which did not as such analyse the conspiracy torts) the House of Lords in Total Network may have shifted the general economic torts from the abstentionist to the interventionist track of development. Thus it is suggested that conflicting agendas for general economic liability can be discerned in the OBG and Total Network judgments. These agendas are debated (against the background of the growing academic debate) and a coherent approach suggested. As for the misrepresentation torts their potential for development is also discussed and the peril of allowing them to transform into unfair trading or misappropriation torts is explained. As a result, the second edition involves a substantial re-write of the first edition. However, the thesis of the author remains that a coherent framework for these torts can best be constructed based on a narrow remit for the common law.
