The Comparative Law and Economics of Pure Economic Loss
Опубликовано на портале: 07-10-2003
This paper considers the recent empirical findings on the application of the exclusionary rule for pure economic loss in European case law. Considering the judicial applications of the rule in 13 European jurisdictions, the analysis shows that a key factor in determining the optimal scope of the economic loss rule is in the relationship between pure economic loss and social loss. After identifying several factual categories, this paper considers a restatement of the exclusionary rule consistent with the economic model of optimal liability, according to which "A plaintiff cannot recover damages for a purely private economic loss".
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