Economic Loss in Maritime Law: On Course for Reevaluating the Exclusionary Rule

G. TODD STANLEY

ABSTRACT

Recently common law courts have rendered a number of important decisions on the issue of recovery for relational economic loss. The tendency appears to be moving in favour of expanding the grounds for recovery, which runs counter to the traditional common law rule excluding recovery for such loss. The reasoning and results are far from being consistent, but the cases share one similarity: they arose in the area of maritime law. The author argues that support for these controversial decisions can be found in features and characteristics unique to maritime law. These distinguish maritime law from other areas of law, and speak to the concerns that prompted the development of an exclusionary rule. Consequently, the continued strict application of the rule is not justifiable. In some maritime law cases relational economic loss should be recoverable.

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Citation: (1995) 53(2) U.T. Fac. L. Rev. 312.
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