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The Study On The Pure Economic Loss Caused By The Negligent Act And On It's Typification

Posted on:2010-05-04Degree:MasterType:Thesis
Country:ChinaCandidate:X D WangFull Text:PDF
GTID:2166360275456217Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The pure economic loss is the losing of money , and it has not relationship with injury of personal and property. The study on pure economic loss began with England in the early 20th century .There are many legislative cases .The expert suggestion of The Tort Law 57th clause: The aim is to hurt other people intentionally, and the result is not relationship with injury of personal and property. Must be held responsible. It describes the intentional act ,but the negligent act lead to the pure economic loss .This article compares the law of the countries of Anglo-American legal system with the countries of civil legal system. And it determines what is the duty of care. With the duty of care, It determines the rang of the pure economic loss caused by negligent act .With the law of our country , the article puts forward some suggestions about how to resolve this problem.The first, this article mainly describes the concept of pure economic loss and negligent act. And it compares the concept of pure economic loss with other concepts of civil law. This article's aim is to study on the pure economic loss caused by negligent act.The second, this article mainly describes the present situation of the protection and disadvantages in our country. The protection is about the pure economic loss which was leaded by negligent act. And put forward the necessity of the pure economic loss protection in our country.The third, this article compares the laws of the countries of Anglo-American legal system with the countries of civil legal system. And it determines the judgement standard of the duty of care. Today the recognized theoretical circles about whether the actors should be to achieve the standards of care is: whether the actors achieve the laws, regulations, rules or regulations required to operate to the degree of attention, or whether the same circumstances of a normal person should be reached the usual attention degree; or whether a person of good faith should be to achieve the attention degree .The standard is very important when we judge the pure economic loss which was leaded by negligent act.The last but not the least part of this article mainly describes the kinds of the pure economic loss which was leaded by negligent act. It contains four: pure economic loss of the professional negligence, associated economic losses, metastatic losses, product defects caused pure economic loss. It is based on the duty of care. It should differentiate the different situations.
Keywords/Search Tags:the Pure Economic Loss, the Duty of Care, the Negligent Act, the Contractual Liability, Typification
PDF Full Text Request
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