The Study Of The Causation In Negligence Under The Pure Economic Loss

There is a close connection between the imputation of the liability for negligence and the judgment of causation. In the liability for indemnity caused by the negligence of the pure economic loss, the conflicts focus on the litigate flood and the liability restriction. The causation in the countries in which approve the indemnity of the pure economic loss is an ideal way to limit the liability. In reality, the Common law system in which the two-stage method of causation in the negligence is more skilled abandons the effect of causation as an indemnity limit in the practice for the worry about the litigate flood. This article is intended to research into the application of the causation for the liability of pure economic loss through the discussion on the causation of negligence which focuses on the pure economic loss. The question, whether it should compensate for the pure economic loss of the negligence in the Chinese law, cannot be answered in the Chinese law system. After the statement of the judgment criterion on the negligence causation, that question should be considered by way of the reflecting of the negation of the policy combined with evaluation of theory about compensation.The first chapter gives a general summarize of the theory of negligence causation, and towards on listing the various kinds of the criterion of causation judgment in a new way, which is the foundation of the argument. Though the judgment criterion do not differ from the law systems, this article discourses the causation of negligence and the pure economic loss in the different law systems according to the different thinking of justice and legislation in the two law system.. In the foundation of the theory from first chapter, the second chapter discourses the causation in the compensation of the pure economic loss infringed by negligence, and identify the characteristics of the causation in liability for compensation, which is the core of this article. The third chapter discourses the application of the causation criterion in two kinds of case models in the negligence of the pure economic loss, which is the grounds of the argument. The fourth chapter briefly considers the application of causation criterion for the pure economic loss infringed by negligence in the Chinese law.The conclusion: The two-stage method of the Common law system and the limit of the liability on the criterion of judgment make a reference for the kind of liability for compensation approved in the negligence of the pure economic loss, which means the judgment of the causation conducted in the typical cases by the supreme court.