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On Product Liability In Pure Economic Loss

Posted on:2007-04-15Degree:MasterType:Thesis
Country:ChinaCandidate:Y Z MaFull Text:PDF
GTID:2206360185972252Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The pure economic loss received more and more attention since 1960's gradually becomes one of most important issues in academia. In order to help the relevant legislation in our country, this article compares rules concerning how to protect the pure economic loss in the product liability system of different countries, such as England, America, French, Germany, discusses the necessity to protect the pure economic loss, and analyzes its protection mechanism.This article can be divided into three segments, that is foreword, main text, and conclusion. And the main text mainly includes:The first part has mainly analyzed the definition of the pure economic loss, and points out its two main characteristics: the one is that the pure economic loss is a kind of monetary loss, that is, the object be infringed is the economic interests of victims. It does not involve the physical injury and the tangible property damages. And the other is that the harmful consequences directly caused by injuring behaviors. In addition, this part also introduced the development of the pure economic loss from the Roman law to the middle ages, and finally to Europe law in 19th century .The second part compares the theoretical development and the judicial practice of the pure economic loss among England, America, Germany, and French. Both in Civil law and Common law, the pure economic loss cannot be compensated since 19th century. England had once brought the pure economic loss caused by product liability into the protection regime of tort law after the case of Hedley Byrne. But with the establishment of rigid duty of care by the court, the growing of the pure economic loss in England is at the stationary state. Because of the characters of its legal system, America has given a different answer to the question whether the pure economic loss caused by product injury should be compensated or not. And in America, the prevailing opinion is that the victim can not be compensates the pure economic loss only...
Keywords/Search Tags:the pure economic loss, liability of product, exclusionary rule, duty of care, the policy consideration factor
PDF Full Text Request
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