Pure Economic Loss Rule In Cable Case

Enjoying the development of human society, especially the formation of high densityof social and economic network, we have got huge benefits based on the development. Butit does not mean that an individual’s ability to resist risks greatly improved. In contrast, thefrequency of occurrence rates about the social risk and loss is higher than before.However, parts of the loss and risk can be controlled and compensated through the use oflegal system, social insurance and other factors. But for legal policy considerations, thereis no effective legal protection for pure economic loss. Meanwhile, because of thedifferent national civil liability systems, there is no unified pure economic loss rulebetween different countries. Currently on study of pure economic loss rule, it is mainlybased on the study of stylized cases. Through the study on different types of case, it aimsto form a general rule under typical type of case. Enjoying the stylized research path,based on the cable case, this essay aims to analysis the economic loss patterns in cablecase, and sorts out the economic loss rule and law policy considerations in different legalsystems as the common law, French law, and German law, get a pure economic loss rule incable case.Article106of the General Principles of Civil Law, which gets a general clause of tortin appearances, the reality is that whether or not protect pure economic loss is still indispute in scholar research and judicial practice. There also have some similar pureeconomic loss claims in cable case in judicial practice; the Court has denied the claimsbased on policy considerations. Tort Law of the People’s Republic of China has taken themodel the general clause of tort and stylized types of legal benefits to build the liabilitysystem. Based on the specific scope of protection of civil rights and legal benefits, the tortlaw has denied the recoverable of pure economic loss in general.This essay suggests that, based on the experience of the judicial practice inenvironmental pollution cases, and moral damage compensation cases, as well as theconsideration of the innovation of judicial procedure, insurance system, we should breakthe general no liability rule in pure economic loss which derived from the negligencebehavior, provide a legal remedy for pure economic loss in cable case.