Pure Economic Loss in Europe

By Mauro Bussani; Vernon Valentine Palmer | Go to book overview
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Contents
General editors’ prefacepage xi
Prefacexiii
List of contributorsxv
Table of legislationxvii
Relevant statutory and codified provisions (in translation)xxvi
List of abbreviationsxl
Part I: Situating the frontier
1The notion of pure economic loss and its setting3
Mauro Bussani and Vernon Valentine Palmer
Introduction3
Pure vs. consequential economic loss5
Actor’s state of mind: intention vs. negligence9
The standard cases: a taxonomy10
Present vs. future loss14
Basic arguments for an exclusionary rule16
2The rule against recovery in negligence for pure economic loss: an historical accident?25
James Gordley
Introduction25
Continental law before the nineteenth century26
The nineteenth and twentieth centuries36
Conclusion55
3APure economic loss: an economic analysis57
Jürgen G. Backhaus
Introduction57

-vii-

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