TortsIWeek5 - TORTS I WEEK FIVE FALL 2007 PROFESSOR GHOSH...

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TORTS I WEEK FIVE FALL 2007 PROFESSOR GHOSH I. This week we turn to some limits on the duty element. The first is the pure economic loss rule. The second is the no duty to rescue rule. II. Pure economic loss is not recoverable under negligence. There are very specialized tort claims that allow recovery for economic loss in limited circumstances. Notice that the rule does not bar recovery for economic loss that accompanies physical injury (sometimes referred to as the physical impact rule). A. Testbank, p 85, illustrates the rule. Notice the majority’s justification for the rule as a pragmatic limitation on foreseeability. The dissents argue against the rule, specifically in the context of cases involving admiralty. (There is a jurisdictional issue behind this case which we may talk about if there is time, but is somewhat beyond where we are in the course. I would be glad to take any questions about the jurisdictional issue, however. Note 1 on page 88 discusses this jurisdictional issue for those interested.) B.
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This note was uploaded on 06/15/2009 for the course LAW 577 taught by Professor Staff during the Spring '08 term at University of Arizona- Tucson.

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TortsIWeek5 - TORTS I WEEK FIVE FALL 2007 PROFESSOR GHOSH...

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