ABSTRACT

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.

chapter |4 pages

The Questionnaire

part |2 pages

PART 1 The concept in context

chapter 1|62 pages

The present study

part |2 pages

PART 2 The national contributions

chapter 2|17 pages

Japan

chapter 3|26 pages

Croatia

chapter 4|20 pages

Quebec

chapter 5|32 pages

The United States

chapter 6|20 pages

Canada

chapter 7|32 pages

Israel

chapter 8|40 pages

South Africa

chapter 9|24 pages

Poland

chapter 10|19 pages

Denmark

part |2 pages

PART 3 The results

chapter 11|14 pages

Surveying the results