oa Comparative and International Law Journal of Southern Africa - Liability in tort for "pure" economic loss in the light of Aliakmon and Candlewood: a comparative study

Volume 21, Issue 3
  • ISSN : 0010-4051



The extreme conservatism which pervades English judicial decisions of the last two years has many implications which are unattractive from a policy standpoint. The Commonwealth judicial experience is of some comparative interest, in so far as it suggests the usefulness of a variety of mediating techniques which make possible a more satisfying compromise between conflicting policy objectives. The developing law in several jurisdictions offers insights into the viability of conceptual controls which can be made use of to extenuate the harshness of an absolute principle of non-liability and yet to forestall the risk of unbounded liability. This article addresses alternative approaches to the problem with a view to assessing their soundness in relation to modern social and commercial requirements.

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