Strategic Studies of Jurisprudence and Law

Strategic Studies of Jurisprudence and Law

Examining pure economic damage in non-contractual liability in Iranian and British law

Document Type : research

Authors
1 PhD student of private law, Department of Law, Karaj Branch, Islamic Azad University, Karaj, Iran.
2 Assistant Professor, Department of Law, Karaj Branch, Islamic Azad University, Karaj, Iran.
3 Assistant Professor, Department of Law, Karaj Branch, Islamic Azad University, Karaj, Iran
10.22034/ejs.2024.447331.1729
Abstract
Background and Aims: pure economic damage is one of the types of damage that has not been given much attention and investigation in Iranian law, and based on this, the purpose of this article is to examine pure economic damage in non-contractual liability in Iranian and British law, so that the legislator's attention can be drawn to This type of damage and the necessity of the legislator in this regard.
Materials and Methods: This article is descriptive and analytical. Materials and data are also qualitative and data collection was used to collect materials and data.
Ethical Considerations: In this article, the originality of the texts, honesty and trustworthiness are respected.
Findings: Pure economic damage is accepted in English law. In Iranian law, however, there is doubt in this regard. In English law, compensation for pure economic damage in non-contractual liability requires that it be intentional. Of course, pure economic compensation is also accepted in unintentional cases in the form of a "negligence" lawsuit, but it faces limitations.
Conclusion: It is necessary for the legislator to take a middle way by using the existing jurisprudential foundations and, while accepting the conditional and limited compensation of purely economic damages in some necessary cases, establish explicit regulations on the conditions of compensation for this type of damage in non-contractual liability.
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