Chapter

The Basis for Excluding Liability for Economic Loss in Tort Law

PETER BENSON

in The Philosophical Foundations of Tort Law

Published in print July 1997 | ISBN: 9780198265795
Published online March 2012 | e-ISBN: 9780191682971 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198265795.003.0020
The Basis for Excluding Liability for Economic Loss in Tort Law

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This chapter focuses on the so-called exclusionary rule and the basis for excluding liability for economic loss in tort law. It examines five different situations into which economic loss cases can be divided. The first ‘exclusionary’ situation is typified by circumstances where the defendant damages something in which the plaintiff may have a contractual interest (or something else that is less than a possessory or proprietary right) and this impairs the plaintiff’s interest, causing him financial loss. The two other ‘non-exclusionary’ situations are where the plaintiff’s financial loss arises through a special relationship of justified detrimental reliance by the plaintiff on the defendant, and where it results from the defendant’s intentional interference with the plaintiff’s contract with a third party.

Keywords: tort liability; economic loss; tort law; exclusionary rule; damages; defendant; plaintiff; contract; third party; intentional interference

Chapter.  16979 words. 

Subjects: Jurisprudence and Philosophy of Law

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