Differences between tort law systems can be analysed from different perspectives. Take for instance liability for pure economic loss, which is prototypical of an ongoing debate among comparative tort law scholars. Tort law systems in Europe diverge considerably in their dogmatic approach to such cases, regarding both the extent to which such claims are acknowledged at all and the legal reasoning used for doing so. In common law systems, the so-called ‘exclusionary rule’ is predominant. Germanic legal systems are hostile to claims for pure economic loss, but do acknowledge certain categories in which protection is offered. Contrastingly, the franco-legal systems tend to be more receptive to claims for pure economic loss as such. There are historical, dogmatic and technical legal explanations for the differences in treatment of pure economic loss and indeed differences between tort law systems as a whole. These explanations have been reported extensively in legal literature and they explain the differences between the main families of tort law in Europe to a considerable extent.
