The Boundary-Line Function of the Economic Loss Rule

Washington & Lee Law Review, Vol. 66, pp. 523, 2009

63 Pages Posted: 26 Sep 2012 Last revised: 10 Oct 2012

See all articles by Vincent R. Johnson

Vincent R. Johnson

Saint Mary's University of San Antonio

Date Written: April 30, 2009

Abstract

The 'boundary-line function' of the economic loss rule is a principle often invoked by courts and scholars, but rarely subjected to critical analysis. This article is the first work to focus on this topic outside of the product liability context and to examine it in detail. The article presents a coherent view for interpreting the economic loss rule that is rooted in public policy principles defer to actual private ordering, but that do not otherwise preempt resolution under tort principles of disputes involving purely economic losses.

Keywords: torts, contract, pure economic loss

Suggested Citation

Johnson, Vincent R., The Boundary-Line Function of the Economic Loss Rule (April 30, 2009). Washington & Lee Law Review, Vol. 66, pp. 523, 2009, Available at SSRN: https://ssrn.com/abstract=2151701

Vincent R. Johnson (Contact Author)

Saint Mary's University of San Antonio ( email )

1 Camino Santa Maria
San Antonio, TX 78023
United States
210-431-2131 (Phone)

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