Research On Pure Economic Loss Caused By Negligence In Tort Law

Damage is one element of liability for tort. It is helpful to definite the scope of damage not only for supplying law relieve to the person who suffered damage, but also for strengthening the guiding and foreseeability of law. But not all damage can be compensated. As The relationship of economic among people increasingly close, the conflict of interest among people is also increasingly frequent, and the damage caused by the conflict of interest is sometimes enormous and even is severe. Causality as one of controlling method has its limitations. Western countries developed the concept of pure economic loss from the nature of damage. A pure economic loss is a financial loss which is not causally consequent upon physical injury to the Person who suffered economic loss. Because pure economic loss is uncertain, western countries fear that widespread liability would place an excessive burden upon the defendant, and they formed exclusionary rule concerns the problems of open-ended liability. Correct treatment of pure economic loss not only concerns the profit of parties, but also the division of law system. It will contribute to law theory research and judicatory practice.The article analyzed the different categories of pure economic loss and point out which categories should be recovered. The preface introduced the cause and scope of research and research approach. The text divides four parts:The first part introduced summarization of pure economic loss including the concept and character and categories of pure economic loss. As damage is one element of liability of tort, this part also introduced the recovery scope of damage in traditional tort law, the difference between pure economic loss and other damage, the value of pure economic loss.The second part reviewed some countries how to deal with pour economic loss from the view of comparison method. Whether the countries recognize the concept of pure economic loss, the damage is existent objectively. So we can use for reference from the good effect of other countries.The third part reviews the handling mode from the view of economic analysis. Whether the pure economic loss should be recovered should consider the effect of excitation mechanism. The economic analysis method has its limitations; we should combine the internal value of law to arrange whether pure economic loss should be recovered.The fourth part proposes that our country' attitude about pure economic loss on the basis of comparative studies and economic analysis. And our country should recover some categories of pure economic loss caused by negligence such as expenditure that avoid generating other loss caused by defective product. , some pure economic loss caused by wrong information or wrong conduct of professional, pure economic loss caused by infringement of other people' personal right.