Protected Interests

Question 1

What is pure economic loss?

Answer 1

Loss not related to or consequential upon harm to personal injury or property loss.

Question 2

How is pure economic loss treated in France?

Answer 2

Only requirement is that damage is direct and certain, and it has affected a legitimate interest.

Question 3

Motorschiff Christel

Answer 3

Boat not able to get out – property that is undamaged but cannot be used for its intended purpose can be the basis for a claim.

Question 4

Fishfutter

Answer 4

Fish that were given bad feed – property that remains undamaged but cannot be used for its intended purpose can be the basis for a claim.

Question 5

Is the loss of use of property a basis for a claim in England?

Answer 5

No, it is considered a pure economic loss and is not recoverable.

Question 6

Example of pure economic loss case in England.

Answer 6

Spartan Steel v Martin – cable was cut off of company premises and the factory lost power.

Question 7

Where does each country stand on pure economic loss?

Answer 7

France is most open, restricts using fault, causation, and damage. German law is in the middle, labelling as loss of use of property or loss of use of intended purpose. English law is the most restrictive.

Question 8

What are the two control mechanisms of pure economic loss in France?

Answer 8

1. Fault – not good family father, but loyalty, honesty, and good faith.
2. Personal, certain, legal, directly caused.

Question 9

What are the three ways to bring pure economic loss claims in Germany?

Answer 9

1. Conduct contra bonos mores in s. 826.
2. Right to business under s 823(1).
3. Contract with protective effect for third parties (attorney delaying will).

Question 10

What are the two exceptions to the rule against pure economic loss in England?

Answer 10

1. Transmitting false information (Caparo v Dickman).

2. Assumption of responsibility (Hedley Byrne v Heller).

Question 11

What are some examples of economic torts in England?

Answer 11

• Inducing breach of contract.
• Interference with business.
• Economic duress.
• Conspiracy to injure.

Question 12

What are some examples of the protection of the person?

Answer 12

• Right to life.
• Right to physical integrity.
• Legal status of sperm.
• Right to physical health.

Question 13

In what country is there a general personality right?

Answer 13

Germany.

Question 14

In what countries is there no general personality right?

Answer 14

France or England.

Question 15

What is the role of insurance?

Answer 15

Boosted tort law as compensation – more required from defendant than can be expected from average human.