Tort Liability for Pure Economic Loss: A Perspective from the United States and Some Comparative European Insights
7 Journal of European Tort Law 237 (Dec. 2016)
Posted: 19 May 2017 Last revised: 25 Jan 2018
Date Written: December 1, 2016
This article describes and evaluates from a comparative perspective the approach to tort liability for pure economic loss adopted in the Restatement (Third) Torts: Liability for Economic Harm. The analysis highlights three fundamental issues: whether a claim in tort can arise concurrently with a claim in contract; whether claims for professional negligence merit special treatment and, if so, how; and whether claims relating to negligent misrepresentation should be subject to the same rules as apply to negligence generally. Consideration of how these issues are addressed in English, French, and German law suggests that debates in the United States might usefully be informed by European experience.
Keywords: Economic Loss Rule, Economic Harm, Concurrent Remedies, Tort, Contract
JEL Classification: K13
Suggested Citation: Suggested Citation