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Pure Economic Loss In Common-Law System

Posted on:2012-01-18Degree:MasterType:Thesis
Country:ChinaCandidate:J J WuFull Text:PDF
GTID:2216330368989446Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Pure economic loss has been in our life in 19 century which is seen as a difficult problem. So some judges deny the litigation of pure economic loss because of the "flood-gate" and other elements. But we know that pure economic loss has become a common phenomenon which appear with the economic development and is an important subject among the jurists. The more we developed, the more this kind problem appeared. If we still insist on defy the litigation which will make some litigations cannot be solved and there will be another huge problem.We choose to discuss the cases which happened in the countries in common-law system. The liability of pure economic loss has been the subject of most literature in England and in the commonwealth countries, but there is little attention has been given to this problem in the United States. This is because the lack of American judicial interest about this subject. Although, most important cases were mentioned in the past two decades in England and Australia. But these cases also are the significant literature in the world. Unfortunately, most articles were only to show the major cases and conflict goals evident in the law, but not define the attitude to this problem. So we through contrast the same problem in different system and research these cases, then sum up the conclusion and principle and compare with our country's rules. At last, we can decide if we should support this kind litigation and how should we deal with the problem.This paper is different from the others; we pay attention to analyze the kinds of pure economic loss cases but not to define the definition and characters of pure economic loss. We compare with different law system and in according to the factors of our country, at the aim to define what should we do and how could we do. So it's a cause of research not a simple copy.
Keywords/Search Tags:Pure economic loss, Common-law system, Duty of care
PDF Full Text Request
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