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The Research Of Pure Economic Loss Relief Systems In The United States

Posted on:2013-06-21Degree:MasterType:Thesis
Country:ChinaCandidate:S TianFull Text:PDF
GTID:2246330374457289Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Pure economic loss is one kind of the economic interest loss. Due to theabstraction and remoteness of pure economic loss, most countries refuse torelief this kind of loss, although they all admit pure economic loss to be a kindof the economic interest loss. Pure economic loss was used to be a tool for theexclusion of legal remedies. The cases of pure economic loss had appeared inGermany, England and the United States in the19thcentury. Pure economicloss is a universal problem that may rise in any legal system. It is nothing todo with the differences between the common law system and the civil lawsystem. Therefore, the doctrine of jurisprudence and the legislation of theUnited States on the pure economic loss have the same reference value for us.Pure economic loss is the research focus of the U.S tort jurisprudence in the20thcentury. Therefore, I discuss the basic framework of the U.S relief systemfor pure economic loss in this thesis, and hoped that my research will help todeal with similar pure economic loss problem under the framework of ourcivil law. On the specific structural arrangement, the paper is divided into sixparts:Chapter one is about the complexity of the concept of pure economic lossin the U.S. I give the definition of the concept of pure economic loss on thebasis of analysis about definitions of pure economic loss defined by Americanscholars.In chapter two I describe the types of pure economic loss in the U.S. ThenI arrange the types of pure economic loss into nine categories according thediscusses of professor Fleming and professor Robertson. At last, I concludethat there were two main types of pure economic loss in the U.S. There wereso-called empirical image types and logic types.In chapter three I present an overview of the U.S relief system on pureeconomic loss. At first, I describe the tendency and the cause of the convergence of state laws about pure economic loss. Then I introduce thegeneral relief system for pure economic loss of the U.S civil law.In chapter four, I investigate the mainstream of the U.S law on pureeconomic loss: The economic loss principle and exceptions.In chapter five, I investigate the reference of the economic loss principleand exceptions for our country. Firstly, I expound the value of the appliance ofthe economic loss principle and exceptions. Then I introduce the type of pureeconomic loss should be given relief, including the third person beneficialcontract and misrepresent.
Keywords/Search Tags:American tort Law, Pure economic loss, Pure economic lossrelief system, Economic loss rule, Exceptions
PDF Full Text Request
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