Economic Loss (3ed) 2 Vols

Economic Loss (3ed)
Economic Loss (3ed) 2 Vols
Bernstein, R
Sweet & Maxwell

With a foreword by Lord Phillips of Worth Matravers

• Deals with situations in which one person's negligent act or omission causes another person to suffer a loss which is not to his person or his property, and where the relationship between them is usually non-contractual

• Sets out and comments on the principles applied by the courts in pure economic loss cases

• Covers general themes and alternative approaches before dealing with the broad categories of situations in which questions concerning pure economic loss and duties of care in tort arise

• Discusses and analyses virtually all of the significant reported cases on this topic in England and the Commonwealth

• Examines the principles applicable to the imposition of, or the refusal to impose, duties of care where the claimant’s loss/injury is to his person or to his property; particularly in the field of product liability and in relation to the acts or omissions of statutory authorities

• Looks at the complex problem of the effect of the existence of a contract on the outcome of a pure economic loss duty of care claim in tort

• Presents General Principles in Volume One and Specific Applications in Volume Two

What's New?

There are more than 350 new cases and more than 1,600 additional pages than in the second edition.  The scope of this (third) edition is broader than the second edition.  In addition to considering the duty of care question in relation to pure economic loss and economic loss that is not pure economic loss (i.e., consequential economic loss), this edition also deals with the analytical framework for determining whether a duty of care in the tort of negligence is appropriate in cases where the plaintiff’s loss/injury is to his person or to his property.

There are new and/or expanded sections dealing with topics like –

• Causation
• Remoteness of loss
• Foreseeability
• Proximity
• The scope of a duty of care
• The composite approach
• Assumption of responsibility
• The Hedley Byrne principle
• The current test
• Reflective loss
• The relaxation of the relational pure economic loss exclusionary rule
• The rule in The Albazero
• The Panatown broad basis of liability
• Public authority liability
• Concurrent liability in the context of a construction contract

In addition, there is expanded coverage of the pure economic loss position in Australia, Canada and New Zealand and, to a lesser extent, in the USA

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