Pure Economic Loss in Europe

By Mauro Bussani; Vernon Valentine Palmer | Go to book overview
Basic institutions of the market economy58
Procedural guarantees64
Externalities, rent seeking and dynamic markets65
Looking at the cases70
Conclusion73
3BLiability for pure financial loss: revisiting the economic foundations of a legal doctrine75
Francesco Parisi
The economics of pure economic loss77
Pure economic loss: towards an economic restatement81
Conclusion92
4American tort law and the (supposed) economic loss rule94
Gary T. Schwartz
Introduction: the relative unimportance of an exclusionary rule in the United States94
Products liability as an exception96
Rationales of the rule101
Contexts and cases108
Conclusion118
5The liability regimes of Europe – their facades and interiors120
Mauro Bussani and Vernon Valentine Palmer
Introduction120
Two alternative formulas: from facades to operative rules121
General vs. specific characteristics123
The liberal, pragmatic and conservative regimes of tort123
The liberal regimes of France, Belgium, Italy, Spain and Greece126
The pragmatic regimes of England, Scotlands and the Netherlands139
The conservative regimes of Germany, Austria, Portugal, Sweden and Finland148
Conclusion158

-viii-

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