Book contents
- Frontmatter
- Contents
- General editors' preface
- Preface
- List of contributors
- Table of legislation
- Relevant statutory and codified provisions (in translation)
- List of abbreviations
- Part I Situating the Frontier
- 1 The notion of pure economic loss and its setting
- 2 The rule against recovery in negligence for pure economic loss: an historical accident?
- 3A Pure economic loss: an economic analysis
- 3B Liability for pure financial loss: revisiting the economic foundations of a legal doctrine
- 4 American tort law and the (supposed) economic loss rule
- 5 The liability regimes of Europe – their façades and interiors
- Part II The comparative evidence: case responses and editors' comparative comments
- Part III Much ado about something
- Bibliography
- Index
5 - The liability regimes of Europe – their façades and interiors
Published online by Cambridge University Press: 03 November 2009
- Frontmatter
- Contents
- General editors' preface
- Preface
- List of contributors
- Table of legislation
- Relevant statutory and codified provisions (in translation)
- List of abbreviations
- Part I Situating the Frontier
- 1 The notion of pure economic loss and its setting
- 2 The rule against recovery in negligence for pure economic loss: an historical accident?
- 3A Pure economic loss: an economic analysis
- 3B Liability for pure financial loss: revisiting the economic foundations of a legal doctrine
- 4 American tort law and the (supposed) economic loss rule
- 5 The liability regimes of Europe – their façades and interiors
- Part II The comparative evidence: case responses and editors' comparative comments
- Part III Much ado about something
- Bibliography
- Index
Summary
Where would it all lead if everyone could be sued … An ill-advised statement, a rumor passed on, a false report, bad advice, a poor decision, a recommendation for an unfit serving maid by her former employer, information given at the request of a traveler about the way, the time, and so forth – in short, anything and everything would make one liable to compensate for the damage that ensued if there were gross negligence despite one's good faith …
Rudolf von IheringOur system of civil responsibility founded on the clausula generalis – it could hardly be more generalis – of article 1382, has a knack of being everywhere at once [le don de ubiquityè], which, to our somewhat prejudiced eyes, creates an incomparable advantage.
Jean CarbonnierIn the area of tort liability, the strongest oppositions appear to be at the level of general definitions. The extreme positions are represented by general scholarly formulas and, a short distance behind, by overall legislative rules in France and Germany, whereas, moving toward ‘midfield’, we find more specific statutory formulations, the detailed scholarly solutions, and, finally, the operational rules applied by courts … The overall definitions generalize a rule instead of limiting its application … damage would seem to be always compensable, or liability to be always dependent on a right. The operative rules, in contrast, are more articulated.
Rodolfo Sacco- Type
- Chapter
- Information
- Pure Economic Loss in Europe , pp. 120 - 160Publisher: Cambridge University PressPrint publication year: 2003
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