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
|Article Title||Liability in tort for "pure" economic loss in the light of Aliakmon and Candlewood: a comparative study|
|© Publisher:||Institute of Foreign and Comparative Law|
|Journal||Comparative and International Law Journal of Southern Africa|
|Affiliations||1 Faculty of Law, University of Colombo, Sri Lanka|
|Publication Date||Nov 1988|
|Pages||383 - 409|
|Keyword(s)||Candlewood Navigation Coproration Ltd v Mitsui OSK Lines Ltd, Damage to property, England, Judicial attitudes, Judicial decisions, Leigh and Sillivan Ltf v Aliakman Shipping Co Ltd and Liability|
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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