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Research On Compensation Mechanism Of Pure Economic Loss Caused By Negligent Tort

Posted on:2014-05-04Degree:MasterType:Thesis
Country:ChinaCandidate:L GuanFull Text:PDF
GTID:2256330398999435Subject:Civil and commercial law
Abstract/Summary:PDF Full Text Request
With the economic development and the increasingly close connectionsbetween people, negligence is likely to cause pure economic loss, which is happenedmore and more frequently in our life. Pure economic loss gradually attracts attentionin academic and judicial area. I think that pure economic loss caused by negligencecan be defined that negligence leads economic loss to victims which do not rely ontheir own damage of personal and ownership.Pure economic loss is basically excluded from the compensation in manycountries. This rule has been unable to meet today’s society. They are beginning totake some breakthroughs protect some pure economic loss, such as the developmentof misrepresentation case, the creation of business rights and the expansion of thescope of ownership.Although our special laws contain some substantive details of the protection ofpure economic loss, the general law and special law don’t expressly provide thisconcept. In addition, compensation for pure economic loss is different betweendifferent areas.In my opinion, the absolutely exclusionary rule goes against the value of fairnessand justice. We can’t sacrifice people’s interests to overly protect others’ freedom ofbehavior. Certainly, we should pay attention to efficiency, too. Legislators need tobalance the two value. I propose to build our compensation of pure economic losscaused by negligence on the framework of Tort Law. Firstly, the general termsexpressly provide the concept of pure economic loss and approve its legitimacy.Secondly, specific rules such as duty of care and causation limit the compensation.Finally, this article analyzes the compensation of pure economic loss according to itsclassification.
Keywords/Search Tags:pure economic loss, negligence, limited compensation, classification
PDF Full Text Request
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