Volume 48, Issue 4

This Article attempts to provide an elementary summary of the economic loss rules. It is not comprehensive. It suggests some but not all of the rationales, qualifications, and expansions of…

The Article discusses four areas of economic torts: the economic-loss doctrine, liability of negligent providers of services to third parties, intentional interference with contract, and the award of punitive damages…

Drawing on the work of Stephen Perry and Jane Stapleton, this Article proposes criteria that better define when and why an actor is subject to negligence liability for pure economic…

This article joins commentary on themes raised in the draft Restatement (Third) of Torts: Liability for Economic Loss, by returning to an old question: Why does tort doctrine, not only…

This Article provides 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…

This Article first traces the errors of law and policy that have led a few courts to discover an economic loss rule barring recovery for fraud on either a tort…

This Article comments on three aspects of the "economic loss rule" and offers an overview of the field based on three scenarios of negligently inflicted economic loss. The Article emphasizes…

A comparative analysis of European legal systems reveals that pure economic interests enjoy less protection.

This paper illustrates the process of comments upon and revisions to Restatement drafts, based on successive drafts of the proposed Restatement Third of Torts: Liability for Economic Loss.

This Article identifies, and tries to explain, how the liability insurance regime fails to effectively translate, via insurance language and coverage litigation, the structure and purposes of the economic loss…

This paper covers three distinct but inter-related topics. These are: (1) the functions served by characterizing breach of fiduciary duty as a tort; (2) how best to define a fiduciary…

This article summarizes our recommended reforms to the law of promissory fraud. We present these recommendations as a Draft Prestatement of the Law of Insincere Promising.