The comparative law and economics of pure economic loss

PoreGov- Postado em 16 março 2011

PALMER, Vernon Valentine
PARISI, Francesco

Acesso em: 28 out. 2009.

Law and economics shows that a key factor in determining the optimal economic loss rule is
found in the relationship between pure economic loss and social loss. Economic loss should be
compensable in torts only to the extent that it corresponds to a socially relevant loss. In this paper
we undertake a comparative evaluation of the economic loss rule to verify whether modern legal
systems, although not formally adopting the economic criterion, define the exclusionary rule in light
of efficiency considerations. The comparative analysis reveals that the substantive applications of the
economic loss rule in European jurisdictions are consistent with the predicates of economic analysis.
© 2007 Published by Elsevier Inc.

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