{[ promptMessage ]}

Bookmark it

{[ promptMessage ]}

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

Info icon This preview shows pages 1–2. Sign up to view the full content.

View Full Document Right Arrow Icon
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. Policy reasons for the rule: Notes 3,4,5 and 6 discuss justifications for the rule.
Image of page 1

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
Image of page 2
This is the end of the preview. Sign up to access the rest of the document.

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern