The Economic Loss Rule and Intentional Torts: A Shield Or a Sword

Authors

Frank Nussbaum

First Page

473

Document Type

Article

Abstract

The economic loss rule may have merit in light of current trends, in regard to products liability cases, to allocate the risk between innocent and negligent parties. However, it is an inappropriate rule to vitiate common law torts created as a matter of public policy to protect society from intentional wrongdoers. If applied without reasonable boundaries, the economic loss rule will have evolved and mutated from a shield into a sword that can be used to eliminate long standing common law and statutory tort remedies created to protect society from undesirable conduct.

Recommended Citation

Frank Nussbaum, The Economic Loss Rule and Intentional Torts: A Shield Or a Sword, 8 St. Thomas L. Rev. 473 (1996).
Available at: https://scholarship.stu.edu/stlr/vol8/iss3/2