Abstract

http://ssrn.com/abstract=945630
 
 

Citations (1)



 
 

Footnotes (75)



 


 



The Economic Loss Rule and Private Ordering


Jay M. Feinman


Rutgers University School of Law, Camden


Arizona Law Review, Vol. 48, p. 813, 2006

Abstract:     
My objective in this Article is to provide some perspective on the economic loss rule, the proper statement of which has figured prominently in debates about the proposed Restatement (Third) of Torts: Economic Torts and Related Wrongs. Part I describes the varieties of the economic loss rule and the Article's focus on the rule's application to third-party cases. Part II summarizes the history of liability for third-party economic loss. Part III describes the conceptual underpinnings of the rule, its application in third-party cases, and its treatment in the proposed Restatement. Part IV criticizes the private ordering claim underlying the rule, particularly in light of recent changes in contract law. Part V situates the debates about the rule in the unmaking of neoclassical law and contemporary political changes. Part VI concludes with a warning about the historical significance of the adoption of elements of the rule in the Restatement.

This Article is based on a paper presented at the Dan B. Dobbs Conference on Economic Tort Law at the University of Arizona James E. Rogers College of Law, March 3-4, 2006.

Number of Pages in PDF File: 15

Keywords: economic loss, economic loss rule, pecuniary loss, torts, economic torts, economic negligence, contract law, contracts, negligence, misrepresentation, third-party beneficiary, drug testing

JEL Classification: K12, K13

Accepted Paper Series


Download This Paper

Date posted: November 20, 2006  

Suggested Citation

Feinman, Jay M., The Economic Loss Rule and Private Ordering. Arizona Law Review, Vol. 48, p. 813, 2006. Available at SSRN: http://ssrn.com/abstract=945630

Contact Information

Jay M. Feinman (Contact Author)
Rutgers University School of Law, Camden ( email )
217 N. 5th Street
Camden, NJ 08102-1203
United States
856-225-6367 (Phone)
856-969-7926 (Fax)
Feedback to SSRN


Paper statistics
Abstract Views: 1,704
Downloads: 329
Download Rank: 50,476
Citations:  1
Footnotes:  75

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo7 in 0.265 seconds