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Bussani & Palmer on Contractual & Tortioius Liability in Europe

By Lawrence Solum

Mauro Bussani and Vernon V. Palmer (University of Trieste School of Law and Tulane Law School) have posted The Frontier between Contractual and Tortious Liability in Europe: Insights from the Case of Compensation for Pure Economic Loss on SSRN. Here is the abstract:

Pure economic loss is one of the most discussed topics in today?s tort law scholarship. Fascination with the subject has developed into a wealth of literature. The reason is that recoverability of pure economic loss stands at the cutting edge of many crucial questions, such as: To what extent should tort rules be compatible with the market orientation of the legal system? Or, as some may phrase it, how far can tort liability expand without imposing excessive burdens upon individual activity)? As a matter of policy should the recovery of pure economic loss be the domain principally of the law of contract?

This paper pursues the modest goal of sketching possible answers to these questions. Thus, we will first outline the notion and the factual situations where this loss is likely to occur. Then, we will discuss the broad spectrum of differing approaches to this kind of damage in Europe as well as the basic arguments for an exclusionary rule. We will come to the question whether, in methodological and substantive terms, a common core of agreement exists in Europe on this issue. Finally, we will try to set the scene for the recoverability of pure economic loss in the European Civil Code stage.

Full post as published by Legal Theory Blog on January 21, 2010 (boomark / email).