| 英文摘要 |
This paper explores the complex issue of tort liability for pure economic loss in various jurisdictions, with a focus on Taiwan. Traditionally, many legal systems have denied recovery for pure economic loss in negligent torts, except under specific regulations. However, the ever-changing landscape of society and technology necessitates a reevaluation of established norms. The paper emphasizes that the prevailing view has often overextended its application, misinterpreting leading cases and wrongly denying recovery in situations where the leading cases did not require such denial. The problem lies in the interpretation of court decisions rather than the decisions themselves. The paper advocates for a comprehensive examination of the underlying premises of each precedent, including the facts, issues, assumptions, and relevant factors, to assess the soundness of justifications. The study then delves into how Germany, France, the U.K., the U.S., and Taiwan address pure economic loss. It also acknowledges the unique challenges in the U.S., where different states have distinct perspectives and judgments. As a result of the comparative study, the paper provides a comparative table summarizing the perspectives of different jurisdictions on various categories of pure economic losses, offering a comprehensive overview of the multifaceted legal scenarios. |
