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xii | |
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Pure Economic Loss: A Comparative Perspective |
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1 | (40) |
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An Introduction to the Problem -- Elemental Differences in Approach |
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1 | (14) |
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1 | (3) |
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Survey of the Various Legal Systems and Their Approaches to the Problem |
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4 | (11) |
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Specific Topics in the Area of Pure Economic Loss |
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15 | (16) |
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Deliberate and Intentional Infliction of Pure Economic Loss |
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15 | (1) |
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Are Contracts Protected in Tort? |
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16 | (3) |
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Reliance, Negligent Statements, and Defective Services |
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19 | (5) |
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The Ever Decreasing Circles of Pure Economic Loss |
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24 | (7) |
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Why Should Pure Economic Loss Be Treated Differently? |
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31 | (6) |
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Systematic Hierarchy, Policy or Accident of History? |
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31 | (2) |
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Floodgates and the Fear of Indeterminacy |
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33 | (2) |
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Other Policy Considerations |
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35 | (2) |
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Directions for the Future |
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37 | (2) |
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Fully Excluding Pure Economic Loss is Neither Fair nor Just or Reasonable |
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37 | (1) |
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Following the Path of Categorisation |
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38 | (1) |
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Turning the Flood as It Comes |
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39 | (1) |
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39 | (2) |
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Compensation for Pure Economic Loss Under French Law |
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41 | (7) |
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The Theoretical Reparation of Pure Economic Loss |
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41 | (3) |
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The Classification of Losses |
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42 | (1) |
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The Principle of Full Reparation |
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43 | (1) |
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The Technical Obstacles to the Reparation of Pure Economic Loss |
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44 | (4) |
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Legal Unadapted Requirements |
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44 | (1) |
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Strict Jurisprudential Requirements |
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45 | (2) |
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The Autonomy of Economic Loss |
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47 | (1) |
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Compensation for Pure Economic Loss Under Italian Law |
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48 | (8) |
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The Notion of ``Pure Economic Loss'' |
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48 | (1) |
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Unjust Damage and the Right to the Integrity of Property |
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48 | (1) |
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Tortious Protection Against Credit Infringement: Damages Arising from Debtor Killing |
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49 | (1) |
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The Damage Arising from the Employee's Temporary Invalidity |
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50 | (1) |
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Third Party's Breach of Contract |
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51 | (1) |
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52 | (1) |
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53 | (1) |
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Loss of a Favourable Opportunity (i.e. chance) |
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54 | (1) |
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Damages Arising from Producer Discredit |
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54 | (2) |
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Compensation for Pure Economic Loss Under Japanese Law |
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56 | (6) |
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56 | (1) |
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Conditions for Tort Liability, in Particular Wrongfulness |
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57 | (3) |
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The View of the Authors of the Japanese Civil Code |
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57 | (1) |
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Past Doctrine and the Development of the Case Law |
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58 | (1) |
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Shaping of the Prevailing Doctrine |
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58 | (1) |
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59 | (1) |
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Parties Outside the Scope of the Protective Purpose of the Violated Provision (``Indirectly Damaged Parties'') |
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60 | (2) |
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The ``Transferred'' ``Indirect Damage'' |
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61 | (1) |
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The Formally ``Indirectly Damaged'' Party |
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61 | (1) |
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Compensation for Pure Economic Loss Under Spanish Law |
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62 | (15) |
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62 | (1) |
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How Are the Floodgates Shut? |
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63 | (3) |
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63 | (2) |
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65 | (1) |
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Lack of Certainty or Directness of Damage |
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65 | (1) |
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66 | (11) |
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Directly Inflicted Pure Economic Loss |
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66 | (6) |
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Relational Pure Economic Loss |
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72 | (5) |
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77 | (16) |
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77 | (2) |
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Bridging the Gap by Means of Liability |
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79 | (1) |
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80 | (1) |
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80 | (2) |
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82 | (5) |
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Investment Services and Securities Business |
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87 | (1) |
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87 | (5) |
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92 | (1) |
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93 | (9) |
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Compensation for Pure Economic Loss from a Common Lawyer's Perspective |
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102 | (39) |
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102 | (2) |
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Characterisation of Damage |
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104 | (2) |
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106 | (6) |
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106 | (1) |
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Contract and Tort: Historical Development |
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106 | (2) |
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Contract and Tort: Theoretical Ambit |
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108 | (3) |
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111 | (1) |
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111 | (1) |
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The Scope of Duty in Negligence |
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112 | (3) |
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112 | (1) |
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113 | (1) |
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114 | (1) |
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114 | (1) |
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Consequential Economic Loss |
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115 | (1) |
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The Categories of Pure Economic Loss |
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116 | (1) |
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116 | (8) |
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116 | (7) |
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Justifications for Restricting Liability |
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123 | (1) |
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124 | (9) |
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124 | (1) |
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124 | (1) |
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125 | (6) |
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131 | (1) |
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131 | (2) |
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133 | (7) |
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133 | (1) |
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Assumption of Responsibility |
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134 | (2) |
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136 | (1) |
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Extended Hedley Byrne Cases |
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137 | (3) |
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140 | (1) |
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Compensation for Pure Economic Loss from a Continental Lawyer's Perspective |
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141 | (21) |
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The Nature of Pure Economic Loss |
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141 | (1) |
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The Relevant Factors for Varying Protection |
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142 | (3) |
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142 | (2) |
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The Nature of the Interest |
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144 | (1) |
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The Value of the Interest |
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144 | (1) |
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145 | (1) |
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The Accepted Scope of Protection of Economic Interests |
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145 | (4) |
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145 | (1) |
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Near-contractual Relationship |
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146 | (1) |
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Statement to Guide Third Parties |
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147 | (1) |
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148 | (1) |
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Intentional Infliction of Harm |
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148 | (1) |
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Infringement of Contracts |
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148 | (1) |
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148 | (1) |
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Relevant Rules on Establishing Liability for Economic Loss |
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149 | (3) |
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Restricted Numbers of Potential Claimants |
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149 | (1) |
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No Additional Duties of Care |
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149 | (1) |
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Proximity and Special Relations |
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150 | (1) |
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150 | (1) |
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150 | (1) |
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Obviousness and Actual Knowledge |
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151 | (1) |
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151 | (1) |
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151 | (1) |
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Importance of the Financial Loss for the Plaintiff |
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152 | (1) |
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Defendant's Economic Interest |
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152 | (1) |
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Development of a Flexible System of Liability for Pure Economic Loss |
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152 | (10) |
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The Idea of a Flexible System in General |
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152 | (1) |
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Combination of the Rules and ``Basiswertung'' |
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153 | (1) |
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154 | (7) |
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161 | (1) |
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Pure Economic Loss and Liability Insurance |
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162 | (5) |
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In What Areas of Liability Insurance Does Pure Economic Loss Play a Role? |
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162 | (1) |
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How Do Limits of Liability Relate to Limits of Insurance in the Case of Pure Economic Loss? |
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163 | (1) |
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Time-Related Aspects of Pure Economic Loss |
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164 | (1) |
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Limits in the Amount of Liability and Insurance |
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165 | (2) |
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The Economics of Pure Economic Loss and the Internalisation of Multiple Externalities |
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167 | (24) |
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167 | (1) |
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Introduction: Legal Doctrines Versus Economic Analysis |
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167 | (5) |
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An (Unsettled) Intellectual History of the Economic Theories of Pure Economic Loss |
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172 | (2) |
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Revising the Economic Approach |
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174 | (2) |
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Pure Economic Loss and the Simultaneous Internalisation of Positive and Negative Externalities |
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174 | (1) |
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Capacity as Precaution: Unilateral, Bilateral, and Trilateral Precaution Accidents |
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175 | (1) |
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A Formal Analysis of the Pure Economic Loss Problem |
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176 | (8) |
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Unilateral Precaution Accidents |
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177 | (2) |
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Bilateral Precaution Accidents (Injurer and Victim) |
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179 | (3) |
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Bilateral Precaution Accidents (Injurer and Gainer) |
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182 | (1) |
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Trilateral Precaution Accidents |
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183 | (1) |
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New Hypotheses on the Economics of Pure Economic Loss |
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184 | (5) |
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Genesis and Physiology of the Pure Economic Loss Problem: Internalising Positive Externalities Through Tort Law |
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184 | (1) |
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Phenomenology of the Pure Economic Loss Problem: The Divergence Between Private and Social Loss |
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185 | (1) |
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First Best Solution for the Pure Economic Loss Problem: Decoupling Positive and Negative Liability alias Exclusionary Rule Plus Subsidy |
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185 | (2) |
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Second Best Solutions and Anatomy of Lawmaking |
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187 | (2) |
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189 | (2) |
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191 | (15) |
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Introduction: Bridging the Gap |
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191 | (1) |
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A Summary of Previous Chapters |
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192 | (3) |
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Tort Law Protection of Contracts |
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192 | (1) |
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Banks, Auditors, and Third-Party Losses |
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192 | (1) |
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Pure Economic Third-Party Loss in Cases of Death, Personal Injury, and Property Damage |
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193 | (2) |
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How Useful Are the Instruments That Are Commonly Used to Keep Liability Within Reasonable Limits? |
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195 | (3) |
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195 | (1) |
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195 | (1) |
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196 | (2) |
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Are There Any Other Instruments to Consider? |
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198 | (2) |
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198 | (1) |
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Clearly Defined Circles of Potential Claimants |
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198 | (2) |
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200 | (1) |
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What Can We Learn from the Law & Economics Approach? |
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201 | (1) |
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Is Europe Ready for a General Principle on Pure Economic Loss? |
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202 | (4) |
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The Current Status of Pure Economic Loss in Uniform European Tort Law |
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202 | (1) |
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Towards a General Clause on Pure Economic Loss? |
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203 | (3) |
| Publications |
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206 | (2) |
| Index |
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208 | |
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