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The Citadel Survives a Naval Bombardment: A Policy Analysis of the Economic Loss Doctrine

50 Pages Posted: 17 Nov 2011  

Steven R. Swanson

Hamline University - School of Law

Date Written: January 1, 1987

Abstract

The citadel remains a barrier against recovery for losses that can be labeled purely “economic.” Economic losses are damages to the product itself or consequential damages to the economic interests of the injured party. This analysis begins with an examination of the products liability decisions of common law courts relating to the economic loss doctrine. The same questions are then reviewed in the admiralty context. After an examination of the important policy considerations implicated in the dispute, the article will suggest a preferred approach for courts faced with the economic loss issue. Finally, the probable impact of the Supreme Court’s decision in East River will be examined in light of the preferred approach.

Keywords: Economic, loss doctrine, admiralty, UCC, warranty provisions, Seely, citadel, economic loss, East River, Erie

Suggested Citation

Swanson, Steven R., The Citadel Survives a Naval Bombardment: A Policy Analysis of the Economic Loss Doctrine (January 1, 1987). Tulane Maritime Law Journal, Vol. 12, p. 135, 1987. Available at SSRN: https://ssrn.com/abstract=1957679

Steven R. Swanson (Contact Author)

Hamline University - School of Law ( email )

1536 Hewitt Avenue
Saint Paul, MN 55104-1237
United States

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