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Purely economic damages

Author: LiHui
Tutor: LiuShiGuo
School: Fudan University
Course: Civil and Commercial Law
Keywords: pure economic loss Law on the Liability of Infringement typology
CLC: D913
Type: Master's thesis
Year: 2009
Downloads: 295
Quote: 3
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Abstract

Pure economic loss(hereinafter refer to the "PEL") is a special type of losses,which is due to the development of economy,society and the enhancement of contact among people.PEL is a loss which is caused directly by the tortfeasor without the property losses and personal damages.The characters of the PEL includes financial(or monetary),direct and incertitude; and in connection with these characters,a unique mechanism has been cultivated to the solutions on the PEL damages.The study object of this thesis is the compensation on the PEL.The author makes comparison among the relative legislations of several typical nations of the common law and the civil law,especially in the aspect of compensation to the PEL through the methods regulated by the tort laws;then analyzes the contemporary laws and regulations and cases of PRC,which point out the shortages of the current legal system,and then illustrates the initial blueprint of the compensation to the PEL in PRC law;the following of the article is to list several famous cases,through the analysis on the law-application,the author indicates the advantages and disadvantages of the judgments;then the author puts forward some opinions and advices on the solutions of the PEL damages in PRC.In Chapter I of the thesis,the definition on the PEL is firstly been made on a theoretical basis,and the comparison between the PEL and the consequent loss has been analyzed in the purpose of defining the PEL as clear as possible and clarifying the independence of the PEL,to be noted that,the two foregoing definitions are easy to be confused in both theoretical occasion and practical occasion.Whereafter,in order to embody the abstractness of the PEL, the classifications of the PEL have been made,which are combined with several typical cases.In Chapter II,it is mainly to introduce the methods of the typical foreign countries on the damages of the PEL,esp.the Great Britain’ s,French and German patterns.The aim of the introduction on these patterns is to find out the nature hiding behind the laws and regulations.Through the analysis on the laws of the different countries,we can absorb the advantages and essences of their legal methods,and try to transplant the excellent ways into our legal system.ChapterⅢis the key part of the thesis,which elaborates the current legal environment of the PEL in PRC.At the beginning of the chapter,relative laws and regulations on the PEL of PRC are listed.Then,detailed analysis has been made on the famous cases,which aims to draw a big picture of the general situation that the courts apply the laws and regulation on the PEL cases.The ways of the big picture mainly include the following aspects:to regulate generally in the Law on the Liability of Tort,to solve the compensation to the PEL through typology and to make the replies of the Supreme People’s Court play important role in the compensation to the PEL.At last,the author analyzes the typical PEL cases by every single type,which is to sum up the similar PEL cases and get the conclusion from them.This method will benefit to the judges when the similar PEL cases are been filed.

Purely economic damages

Abstract

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