Pure Economic Loss in Europe

Pure economic loss is one of the most discussed and controversial legal issues in Europe today, raising complex questions which affect the law of tort and contract. How far can tort liability expand without imposing excessive burdens upon individual activity? Should the recovery of pure economic loss be the domain principally of the law of contract? And is there a common core of principles, policies and rules governing tortious liability for pure economic loss in Europe? This is a comprehensive study of the subject, using a fact-based comparative method and in-depth research into the laws of thirteen European countries. Following a historical and analytical introduction to economic loss, experts from most European countries consider how their national systems would deal with the same practical problem, highlighting similarities and differences in a range of comprehensive issues. This is the third publication of the Common Core of European Private Law.Uses a fact-based comparative method and in-depth research into the laws of thirteen European countries.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.‘It is a remarkably engrossing and valuable work, a real achievement in a notoriously difficult yet important field of obligations … for this reviewer, the real value of this book lies in the brilliant and subtle analytical essays by the editors which set these national reports in context and synthesize the findings of this ‘meta-study’.’ Law Quarterly Review'… a most valuable addition to the literature on the 'common core' of European tort law.' Ken Oliphant, Cardiff UniversityHow far can tort liability expand without imposing excessive burdens upon individual activity? This comprehensive study of pure economic loss in Europe uses a fact-based comparative method and in-depth research into the laws of thirteen European countries. Includes a historical and analytical introduction to economic loss. This is the third published volume of the results of the Trento project.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. How far can tort liability expand without imposing excessive burdens upon individual activity? This is a comprehensive study of the subject, using a fact-based comparative method and in-depth research into the laws of thirteen European countries. Includes a historical and analytical introduction to economic loss.