Canadian COMPETITION LAW

Our friend Russell Brown at the University of Alberta has written a new book on economic loss in negligence entitled Pure Economic Loss in Canadian Negligence Law.

From LexisNexis:

“Finally, Canadian tort and contract lawyers have a new resource to consult on claims in negligence for pure economic loss. Written by law professor Russell Brown, this book comprehensively deals with this complex and often confusing area of Canadian law.

This is the first book devoted solely to examining Canadian case authorities and the unique problems that arise from them.  It also introduces a new innovative macro-organizational structure for understanding pure economic loss. In doing so, the book brings new insight, explanations, and ways of looking at this complicated subject area.

The First of Its Kind

The duty of care analysis in Canadian law concerning pure economic loss has become extraordinarily complex and in some respects is not being stated or applied consistently at the Supreme Court of Canada from case to case.

Therefore, there is a real need for a book devoted solely to examining the Canadian case authorities and the unique problems that arise from them. This is that book.

A New Perspective 

This book adopts a new macro-organizational structure for understanding pure economic loss: First, the subject area is divided into two parts, with each part corresponding to one of the two bases for recognizing a duty of care in negligence law. Those bases are: (1) the physical loss basis and (2) the reliance loss basis.

Second, each of the four categories of pure economic loss is assigned to one of those two parts (Relational Economic Loss and Loss of Bargain Arising from Defective Products or Building Structures fall under the physical loss basis, while Negligent Misrepresentation and Negligent Performance are consigned to the reliance loss basis).

A “First Principles” Approach

This book brings a “first principles” approach to the question of recovery for pure economic loss, by considering the source and quality of the legal rights that claimants are asserting.

Lawyers and judges think about their cases every day in terms of parties’ legal rights, but yet that reference point of legal rights — which has shaped most of tort law — has, until now, been absent from most discourse regarding claims for pure economic loss.”

For more see:

Pure Economic Loss in Canadian Negligence Law

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