Pure Economic Loss in Europe

By Mauro Bussani; Vernon Valentine Palmer | Go to book overview

6 Preliminary remarks on methodology

MAURO BUSSANI AND VERNON VALENTINE PALMER


Aim and method of the study

The general purpose of this study is to inquire to what extent, if any there exists a common core of principles and rules concerning compensation for pure economic loss within European tort law.

Being a research branch of the ‘Common Core Project’, our study shares with the latter its basic aims and methodology. For this reason the collective inquiry has been carried out on the basis of a factual approach and the most important tool of the research has been a factbased questionnaire. In 1995, at a general meeting of the Common Core Project in Trento, Italy, the editors worked with a group of tort scholars from various parts of Europe to devise a questionnaire consisting of twenty fact situations, each to be solved or answered under the laws, codes and doctrines of one country. A team of national reporters was then assembled and began work on the project. It was our intent that every country in the European Union would be covered; however, as it proved impossible to obtain reporters for Denmark, Luxembourg and Ireland, the current study covers eleven national systems plus England and Scotland.

To make clear how the general methodological framework of the project has been exploited and adapted to the needs of our research, we first discuss: (1) the advantages and efficiencies of the ‘Common Core’ approach; (2) the reasons for adopting a three-level response.


The common core approach

Stating it in very simple terms, we are seeking to unearth what is already common, if anything, in the tort law of EU Member States as to compensation for pure economic loss. Such a common core seems to

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