Asbestos in Schools and the Economic Loss Doctrine.
In: University of Chicago Law Review, Jg. 54 (1987), S. 277
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academicJournal
For several decades in the middle of this century, contractors made extensive use of asbestos as an insulating and structural material. Recognizing its dangerous properties, building owners have recently begun attempting to recover from asbestos manufacturers the costs incurred for abatement or removal. 1 School boards have been prominent in these attempts, as asbestos was widely used in school buildings. These actions differ from personal injury claims involving asbestos in that the compensation sought is for "economic loss" -- that is, for the cost of removing and replacing the asbestos itself. Losses of this sort, which are due to the selection of a product that is inferior or inappropriate, are normally remediable only through a warranty action. 2 By contrast, harm to a person, or to property other than the product itself, is usually remedied by a tort action. 3 Despite this traditional distinction, most courts faced with claims of economic loss from asbestos abatement or removal have analyzed the claims in tort. 4 This comment explains the economic distortion caused by the tort approach and illustrates how a contract analysis provides adequate protection for purchasers while preserving free market incentives to minimize the costs of loss prevention. 5 More specifically, the comment analyzes one of the central issues arising in attempts by school boards 6 to recover removal and replacement costs from asbestos manufacturers in tort: the characterization of this damage as physical harm. Part I explains the legal and factual background underlying the problem ...
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Asbestos in Schools and the Economic Loss Doctrine.
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Autor/in / Beteiligte Person: | Brenza, Lindley J. |
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Zeitschrift: | University of Chicago Law Review, Jg. 54 (1987), S. 277 |
Veröffentlichung: | 1987 |
Medientyp: | academicJournal |
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