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Is the treatment of economic loss by the Australian courts in torts cases anomalous?

journal contribution
posted on 2005-09-01, 00:00 authored by Andrew Torre, A Clifford
The well developed economic theory of tort liability has never been able to comfortably accommodate negligence cases causing pure economic loss as opposed to physical damage or injury. In fact, contrary to received opinion, Australian Courts at least, are increasingly allocating pure economic losses to achieve predominantly an efficiency objective, with corrective justice notions relegated into the background. Consequently, it is difficult to classify these cases as anomalous in the sense of falling outside the efficiency paradigm.

History

Journal

European journal of law and economics

Volume

20

Issue

2

Pagination

145 - 164

Publisher

Springer Netherlands

Location

Amsterdam, The Netherlands

ISSN

0929-1261

eISSN

1572-9990

Language

eng

Publication classification

C1 Refereed article in a scholarly journal

Copyright notice

2005, Springer Science + Business Media, Inc.

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