Academic

Benson on Pure Economic Loss

By Lawrence Solum

Peter Benson (University of Toronto - Faculty of Law) has posted The Problem with Pure Economic Loss (South Carolina Law Review, Vol. 60, No. 4, 2009) on SSRN. Here is the abstract:

For well over a century, it has been a settled feature of American and English tort law that in a variety of situations there is no recovery in negligence for pure economic loss, that is, for economic loss unrelated to injury to the person or the property of the plaintiff. This is true even if the loss is reasonably avoidable and perfectly foreseeable according to ordinary tort standards. I want to investigate whether this legal position is sound and how it might be accounted for.

Full post as published by Legal Theory Blog on September 10, 2009 (boomark / email).