TY - JOUR ID - 87145 TI - AN ECONOMIC ANALYSIS OF ECONOMIC LOSS JO - Legal Research Quarterly JA - JLR LA - en SN - 1024-0772 AU - amini, mansour AU - daryaee, reza AD - Associate Professor of Law faculty of Shahid Beheshti University AD - Assistant ProfessorŲŒ University of GuilanŲŒ Y1 - 2019 PY - 2019 VL - 22 IS - 86 SP - 169 EP - 192 KW - pure economic loss KW - economic loss KW - private damage KW - social damage KW - internalize expenses DO - 10.29252/lawresearch.22.86.169 N2 - One of the most arguable issues in tort law is analyzing the compensation of pure economic loss which is not the waste of property, benefit and personal damage and is not aroused from them. In relation to compensation of pure economic loss, legal systems do not have consensus. In this article we answer this question that depending on economic analysis, is pure economic loss recoverable? According to economic analysis of law, since pure economic loss leads to private loss not social loss, it should not be recoverable. In other words economical loss is just wealth transfer from a person to another one, therefore the action of a person causing impair cannot be lead to a damage to society, that is, this kind of damage is impossible to compensate. But it is not thoroughly correct. Applying different aspects in calculating social loss such as increased capacity and internalized expenses of liability with subrogation principle can indicate the scope of compensable pure economic loss in the view of economic analysis. UR - https://lawresearchmagazine.sbu.ac.ir/article_87145.html L1 - https://lawresearchmagazine.sbu.ac.ir/article_87145_89f357c808131c2aa8bced77998a9469.pdf ER -