Study On The Compensation Issue Of Pure Economic Loss In Product Liability In China

About the compensation issue of pure economic loss in product liability iswhether all damages can be used on tort law when the defective product damaged toitself and person or other properties. The text discusses the disputes and problems inthe process of the compensation of pure economic loss which the real cases reflectand draws a conclusion. With the implement of tort liability law and the scholars’deep discussion, it is justicial that expanding the range of the “damage” in the article41of tort liability law. Then, the rule of the application of product liability law andthe relevant articles in tort liability law is according to the principle of the new onewhen they have conflict, so chapter5in tort liability law is the priority one. Inaddition, the issue on whether the regulation of the article122of contract law makesthe victim’s interests that they can not be fully compensated, the text think it does notexist. But in order to solve the problem better, narrowing the rage of “damage” isalso necessary. Therefore, the text tries to rethink about the remedy approach on pureeconomic loss in product liability by the idea of the analysis method of interestbalancing.After in-depth study of the text, the conclusion is, when the pure economic losscaused by defective product, person or property damage at the same time, single tortlawsuit is better and more justice. But if the contract between the parties agreed tothe compensation of it, all damages should be relieved by contract law.