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Professor Lewis Klar criticizes the Canadian approach to the tort of public nuisance for being illogical and incoherent. The authors agree with Klar's assessment of the current state of public nuisance law, but argue that insights drawn from the House of Lords decision in Tate & Lyle Industries Ltd. v. Greater London Council offer a way forward. By conceptualizing the tort of public nuisance as a cause of action that protects subjects from suffering actual loss that is consequential on the violation of their passage and fishing rights over public property, Tate & Lyle offers a coherent and restrained formulation of the tort of public nuisance. This article examines the Tate & Lyle approach to public nuisance and applies it to two infamous Canadian public nuisance cases. It concludes that the coherent, logical approach to public nuisance articulated by the House of Lords in Tate & Lyle should be readopted by Canadian courts. [ABSTRACT FROM AUTHOR]

Vulnerability has emerged in Australia as a relevant consideration in determining the existence of a duty of care to avoid pure economic loss. However, opinions vary on what factors establish vulnerability. One question which has confounded the courts and legal commentators alike is whether a plaintiff's capacity to protect himself or herself via contract, but failure to do so, should disentitle the plaintiff from being able to obtain relief for pure economic loss in tort on the basis that he or she was not vulnerable. This article considers the current state of authority on this question in Australia. It argues that a plaintiff's capacity to contract for a warranty of protection should be irrelevant in assessing whether or not a plaintiff is vulnerable and that more broadly, the absence of vulnerability is not a valid reason for negating duty. [ABSTRACT FROM AUTHOR]

This case note comments on the existence of a tortious duty of care when the defendant’s omission has caused pure economic loss. The orthodox position in the United Kingdom is that the existence of a statutory duty does not buttress a finding of duty of care in such cases. But a recent Hong Kong Court of Final Appeal decision went the other way, justifying a duty of care in such cases on the basis of a statutory duty. This case note tries to reconcile the positions in Hong Kong and the United Kingdom, and suggests that the Hong Kong approach be followed for good reasons. [ABSTRACT FROM AUTHOR]

The article focuses on redefining "other property" under the economic loss doctrine with reference to the court case CHMM, LLC v. Freeman Marine Equipment, Inc. (Freeman). Topics include buyer company CHMM LLC stated to have brought several products liability claims against Freeman seeking to recover the loss sustained from the failure of the door, and the U.S. district court stated to have decided that the CHMM could not bring such an action in tort and dismissed the claims.

This Comment analyzes the often-confusing economic loss doctrine. Born in products liability, the economic loss doctrine prevents tort recovery under strict liability if there is solely an economic loss. This Comment is unique because it ponders the effect of the economic loss doctrine on claims of intentional or negligent misrepresentation. It focuses on the overall legal theories of contract and tort law and the respective available damages under each theory. It further evaluates different jurisdictional approaches to the economic loss doctrine proposing a solution for applying the economic loss doctrine fairly to claims of intentional and negligent misrepresentation in Missouri. [ABSTRACT FROM AUTHOR]

In this work, the efficiency of water markets in an irrigation district is put under consideration. This efficiency is referred to the private economic losses arising from a reduction in the availability of water, so the most efficient or optimal allocation will be the one that minimizes these losses or the one that provides the maximum private benefit. On this view, the optimal allocation has been studied in an irrigation community, and it has been compared with the rule of fixing a same quota and the proportional reduction. Besides, from the water allocation made by these last two rules, a water market has been simulated. Formulation for all of them is provided. Results show that water markets will improve the suboptimal allocation made by the rule of fixing a same quota and the proportional rule, even when transaction costs are high. They also show that, mostly, the greater the water restrictions, the greater are the gains from trade. It can be inferred too that, as long as all determinants have been taken into account and transaction costs are low enough, the aggregate losses of income ensuing from any prescribed water reduction will be the lowest both by means of the optimal allocation as with a market. Anyhow, results and conclusions clearly dependent on the relations made between allocations and crop yields. [ABSTRACT FROM AUTHOR]

Despite the large implications of the use of tropical land for exports ('land absorption') on ecosystem services (ES) and global biodiversity conservation, the magnitude of these externalities is not known. We quantify the net value of ES lost in tropical countries as a result of cropland, forestland and pastureland absorption for exports after deducting ES gains through imports ('land displacement'). We find that net ES gains occur only in 7 out of the 41 countries and regions considered. We estimate global annual net losses of over 1.7 x 10 international dollars (I$) (I$1.1 x 10 if carbon-related services are not considered). After deducting the benefits from agricultural, forest and livestock rents in land replacing tropical forests, the net annual losses are I$1.3 and I$0.7 x 10, respectively. The results highlight the large magnitude of tropical ES losses through international trade that are not compensated by the rents of land uses in absorbed land. [ABSTRACT FROM AUTHOR]

The article discusses a privity of contract legal doctrine and cases in relation to the application of an economic loss rule in American products liability litigation, and it mentions a phrase regarding the citadel of privity which was coined by then-U.S. Judge Benjamin Cardozo in 1931. The late author William L. Prosser's 1960 article "The Fall of the Citadel (Strict Liability to the Consumer)" is examined, along with the efforts to prevent concurrent legal remedies in contract and tort.

The article discusses the reasoning and outcome of an early 21st century effort by the organization the American Law Institute to give the legal concept the economic loss rule an accurate meaning and clear purpose. It examines the doctrines of products, service contracts, and breach of contract, in addition to personal injury or property damage, attempts by courts to generalize patterns of the economic loss rule, and rationales for an economic loss rule meaning including deference to contracts, issues of liability, and private and social costs.

In the last decade, several disastrous tsunamis hit a large area of coastal East Asia, and produced numerous casualties and economic losses. As a country that is also prone to tsunami hazards, Taiwan is in urgent need for more knowledge of past tsunami records and potential tsunamigenic sources. On the basis of detailed geomorphic mapping and field investigations, we identified six sites in the northern part of the Lanyu Island, offshore southeastern Taiwan, with large coral boulders resting on Holocene uplifted coral reef terraces. Boulders of these six sites are all likely moved by extremely strong waves, and four sites have better constraints to suggest that the boulders may indeed be transported during a paleotsunami event. The ages of the boulders suggest that the extremely strong wave events occurred at least several times since the mid-Holocene high stand of sea level. The youngest event may correlate with the 1771 Meiwa tsunami of the southern Ryukyu Islands, but it is more likely to be produced by some undocumented event along the eastern coast of Taiwan. The locations of the coral boulder sites along the northern coast of the Lanyu Island suggest that the sources of the events are located to the north of the island. We believe that our results would provide further information for future tsunami hazard assessments along the eastern coastal area of Taiwan, as well as surrounding areas. [ABSTRACT FROM AUTHOR]

Failure of urban drainage capacity to flow surface runoff due to rainfall is possibly to be a factor from many other factors causing flood in urban areas. Big floods in Ambon in 2013 which caused economic loss and loss of human life are the background to conduct a research which is presented in this paper. Ambon is the capital of Maluku Province located in Eastern Indonesia. Recently, the area of the city is developed into settlement area. The research is specifically conducted in Wai Batu Merah Watershed, a watershed in Ambon which severely damage due to floods in 2013. The analysis emphasizes on evaluation of capacity of existing drainage channels (natural and human-made). Daily rainfall data from Pattimura station during 2004 – 2013 is used to be the main data to estimate design rainfall and design flood. Design rainfall is the main data of rainfall-runoff model which is done using Synthetic Unit Hydrograph of SCS. While the fluctuation of water level along the main river is simulated using unsteady flow analyses with an input of 50-year design flood. The result of the simulation shows that one existing tertiary drainage channel cannot accommodate discharge of overland flow and from the upstream to the downstream of Wai Batu Merah River is overflow. Particularly on flood event in 2013, consecutive rainy days occurred since in the beginning of July until mid-August with total depth of rainfall more than triple of 50-year return period of maximum daily rainfall. At that state, flood certainly cannot be avoided in the adjacent area of the river. [ABSTRACT FROM AUTHOR]

The article discusses the use of the economic loss doctrine as an obstacle to claims of contractual strangers in the U.S. Topics discussed include application of tort law and contract law; precluding negligence claims in tort for purely economic losses; and different cases in the U.S. involving the issue such as "Chapman Custom Homes, Inc. v. Dallas Plumbing Co.," and "Largoukas v. Foundation Design Ltd."

Recent studies by researchers from Singapore have shown that ground motions produced by long-distance large earthquakes can be detected in Singapore, and the tremors may cause structural damage to residential buildings. However, seismic loading has not been included in building design codes in Singapore. This article presents a preliminary quantitative study on the potential economic loss due to far-field earthquake-induced damage on a typical residential building representing the first batches of modern residential building in Singapore constructed in the 1960s. The results indicate that the building without an infilled wall in the first story may sustain considerable damage and cause greater economic loss compared to the buildings with completely infilled walls. Meanwhile, retrofitting strategies are suggested and loss functions associated with various damage states are generated for assessing the social impact as well as facilitating post-disaster mitigation. [ABSTRACT FROM PUBLISHER]

As of lately, more and more studies show that, at a global level, one of the most important causes of economic loss is unauthorized access to informatics resources. For example, a CSI/FBI Computer Crime and Security report from 2006 states that, in the top identified causes for economic loss in the USA, unauthorized access to informatics resources takes second place (Gordon et. al., 2006). Without a doubt, given the accelerated growth of software industry in the present, this need of security should be taken into account in Romania as a top priority. At the moment, in the requirements extraction phase from the software development life cycle, importance is given only to functional requirements. Thus appears the problem of identifying adequate solutions for treating non-functional requirements, where security requirements are included. [ABSTRACT FROM AUTHOR]

The article discusses the Texas Supreme Court's determination in the 2014 case LAN/STV v. Martin K. Eby Construction Co. Inc. that an economic loss rule shields design professionals from economic liability in negligent misrepresentation lawsuits involving third party contractors and issues related to construction plans. The legal concept of contractual privity is mentioned, along with Texas tort laws and economic losses due to construction delays.

Recently the Second Circuit held, in Cariou v. Prince, that Prince's unlicensed appropriation of Patrick Cariou's photographs, with what many consider to be only minor modifications, was fair use rather than copyright infringement, thus broadening the scope of copyright law's fair use defense. The Cariou decision resolved issues that are critical to appropriation art, but the Second Circuit's ruling in that case-final now that the Supreme Court has denied certiorari-has troubling implications for the entire art market. By broadening the definition of "transformative," the Second Circuit's decision in Cariou may encourage other appropriation artists to use original images in ways that have never before been considered fair use. Without the revival or reaffirmation of limitations on how one artist can use another's work, many creative artists-and the businesses that rely on their work-are likely to suffer severe economic loss. After Cariou, one might question who is best suited to evaluate the creativity that the law is designed to foster. In its wake, lawyers, artists, and dealers face growing uncertainty as to what kind of copying is legal. The ruling has led to a new sense of unease, has uncovered a generational shift in the perception of artistic ownership rights, and reflects a dramatic reversal of the roles of artists and judges in evaluating art. In order to preserve the balance between protecting existing works and incentivizing the creation of new ones, in light of recent jurisprudence, this proposal calls for three critical, interdependent changes to copyright law as it applies to visual art. [ABSTRACT FROM AUTHOR]

Most litigants, if given the chance, prefer to assert tort theories to recover their economic losses, rather than rely on the remedies provided under contract law. This is primarily because plaintiffs have the potential to recover more damages under tort law than contract law. However, most courts have adopted a doctrine known as the economic loss rule to bar plaintiffs from asserting certain tort theories to recover for their economic loss. Although the economic loss rule may seem like an easy way to maintain the boundary between tort law and contract law, confusion abounds when courts attempt to determine the proper contexts in which to apply the doctrine. In 2013, the Florida Supreme Court resurrected issues of the doctrine's proper scope when it rendered Tiara Condominium Ass'n v. Marsh & McLennan Cos., which restricted application of the doctrine to products liability cases. Although the Florida Supreme Court has held that the economic loss rule applies only when a defective product causes pecuniary loss to the plaintiff, other jurisdictions adhere to a broader application of the doctrine. In these jurisdictions, the doctrine serves a fundamental purpose to protect the boundary line between tort law and contract law by preventing parties who are in contractual privity from circumventing the bargain that they made in their contract. This Note argues that the economic loss rule is not just for products liability, but should be applied to serve such a fundamental purpose, specifically where sophisticated parties engage in arms-length transactions, bargaining for the allocation of risk and economic loss in their contract. [ABSTRACT FROM AUTHOR]

The article offers information on the judicial decision of the High Court of Australia in the case of Brookfield Multiplex Ltd. v. Owners Corporation Strata Plan 61288, in which the Court addressed the integrity of laws offering protection to builders' against the duty of care and liability for defective work and avoid pure economic loss. It discusses the significance of torts negligence for economic or financial loss.

The article focuses on causes of action, a claim for fraud which is most susceptible to summary disposition via a motion to dismiss under Rule 12 of the Utah Rules of Civil Procedure or else a motion for summary judgment under Rule 56. It mentions Utah Court of Appeals in the case Shah v. Intermountain Healthcare, Inc. regarding dismissal fraud claims. It also mentions contract law on economic loss rule and breach of an independent duty' of care under tort law.

Spray retention, i.e. the overall capture of spray droplets by plants on initial or subsequent impact, and after loss due to run-off, is an important stage in the spray application process as droplet losses may result in reduced efficacy, economic loss, and environmental contamination. The aim of this exploratory study is to determine whether a new method based on calculating the volumetric proportions per impact type, i.e. adhesion, rebound and shatter, can be used to predict spray retention. These volumetric proportions are calculated based on logistic regression models, derived from vision-based droplet characteristics and impact assessments, and laser-based spray characteristics. The advantages and limitations of such a method are explored. The volumetric proportions per impact type on a horizontal, synthetic hydrophobic surface were determined for four different nozzles (XR 110 01 VS flat-fan nozzle, XR 110 04 VS flat-fan nozzle, XR 110 08 VS flat-fan nozzle and AI 110 08 VS air-induction nozzle) under controlled realistic conditions, and compared to the results of a retention test. The volumetric proportions of adhesion were much lower than the relative retentions, indicating that a considerable amount of rebound and shatter also contributed to final retention. The method should thus be improved by including the droplets retained after first impact and the retained proportions of partial droplet fragmentation but it is nevertheless considered a promising technique. [ABSTRACT FROM AUTHOR]

Using a survey by the World Bank's Justice and Development Initiative, Bangladesh Citizen's Experiences of the Legal System 2009, this paper examines whether crime victims' choice of dispute resolution forum is constrained more by social factors, such as socioeconomic status, or by eventspecific factors, such as direct economic loss caused by the crime itself In Bangladesh's pluralist legal environment of competing traditional and state venues, neoinstitutionalist-inspired development strategies may overlook important factors in play and strategies that could improve access to justice for those most hurt by crime. This study finds that crime victims who suffer greater economic harm resulting directly from the crime, as well as victims of violent crime, tend to engage with the state criminal justice system versus the traditional system alone. After undertaking a subsequent historical comparison in order to identify possible omitted structural variables, this result highlights the need to look at crime-event-specific factors, and not just social-level problems, when designing rule-of-law programs in developing countries. [ABSTRACT FROM AUTHOR]

The article focuses on economic-loss rule that prevents a party from suing under a breach of contract claim and post-contract-formation fraud claims in Texas. Topics discussed include the Texas Supreme Court case Formosa Plastics Corp. USA v. Presidio Eng'rs & Contractors, Inc that created an exception to the economic-loss rule, the application of economic-loss rule by courts, and Texas Supreme Court's decision in case Southwestern Bell Telephone v. DeLanney that used independent injury tests.

The article discusses the relevance of loss insurance in the assessment of vulnerability in legal cases involving pure economic loss, focusing on Australian courts, liability, and tort theories of corrective and distributive justice. Plaintiffs are addressed in relation to the risks associated with a defendant's negligence. A duty of care and several Australian insurance law-related cases are examined, including a proceeding involving the Brookfield Australia Investments Ltd. firm.

Parthenium weed ( Parthenium hysterophorus L.) is one of the most aggressive invasive weeds, threatening natural ecosystems and agroecosystems in over 30 countries worldwide. Parthenium weed causes losses of crops and pastures, degrading the biodiversity of natural plant communities, causing human and animal health hazards and resulting in serious economic losses to people and their interests in many countries around the globe. Several of its biological and ecological attributes contribute towards its invasiveness. Various management approaches (namely cultural, mechanical, chemical and biological control) have been used to minimise losses caused by this weed, but most of these approaches are ineffective and uneconomical and/or have limitations. Although chemical control using herbicides and biological control utilising exotic insects and pathogens have been found to contribute to the management of the weed, the weed nevertheless remains a significant problem. An integrated management approach is proposed here for the effective management of parthenium weed on a sustainable basis. © 2014 Society of Chemical Industry [ABSTRACT FROM AUTHOR]

The article discusses a court case wherein Germany's Federal Administrative Court ruled that the shutdown of nuclear power plant Biblis blocks A and B based on a moratorium imposed by the government was unlawful. An administrative suit was filed by Biblis operator RWE Public Limited Company against the Land Hesse that the order to shut the plant down was unlawful. It is noted that the ruling allows RWE to request compensation for the economic loss suffered from the moratorium.

The article offers information on the economic loss doctrine in Kansas. Topics discussed include issuing of three court cases by Kansas courts which includes David v. Hett, Coker v. Siler, and Rinehart v. Morton Buildings, Inc.; the effect of introduction of Tort Law to products liability on economic loss doctrine, and fear of unlimited liability in economic loss.

The article looks at the basic requirements of contract and tort law for establishing claims for pure economic loss against professional mediators in private disputes. Topics include difficulty in establishing requirements for breach of standard of care to put blame on mediators, establishing link between the breach of standard of the mediator and the client loss, and need for improving opportunities to claiming against mediators and clarification of law on the mediators' liability.

Porcine reproductive and respiratory syndrome virus ( PRRSV) is the causative agent of PRRS, the most significant infectious disease currently affecting swine industry worldwide. In the United States alone, the economic losses caused by PRRS amount to more than 560 million US dollars every year. Due to immune evasion strategies and the antigenic heterogeneity of the virus, current commercial PRRSV vaccines (killed-virus and modified-live vaccines) are of unsatisfactory efficacy, especially against heterologous infection. Continuous efforts have been devoted to develop better PRRSV vaccines. Experimental PRRSV vaccines, including live attenuated vaccines, recombinant vectors expressing PRRSV viral proteins, DNA vaccines and plant-made subunit vaccines, have been developed. However, the genetic and antigenic heterogeneity of the virus limits the value of almost all of the PRRSV vaccines tested. Developing a universal vaccine that can provide broad protection against circulating PRRSV strains has become a major challenge for current vaccine development. This paper reviews current status of PRRSV vaccine development and discusses strategies to develop a universal PRRSV vaccine. [ABSTRACT FROM AUTHOR]

The article focuses on the Canadian Supreme Court case International Brotherhood of Teamsters v. Therien, which dealt with the concept of unlawful means under Canadian tort law. Topics include the scope of unlawfulness under Canadian common law, the filing of unlawful means torts, and three-party liability in economic loss torts.

The article focuses on the agricultural exceptionalism, an alternative growth technology in the economic growth of the industrial agriculture. Topics discussed include role of the Agricultural Adjustment Act of 1933 in the regulation of economic subsidies related to agriculture, laws made for the regulation of monocultural plant as well as animal production and laws for the safety regulations. It also discusses the role of insurance policies for covering economic loss in the commodity market.

This study evaluated the economic impact of broilers losses by mortality on arrival at the establishment, the incidence of bruises, profile and frequency of occurrence of health changes during slaughter and visual aspects of meat quality of slaughtered and killed broilers during June 2011 and May 2012 - 217 days - and a specific evaluation in two days about welfare procedures (without and with, respectively) in a slaughterhouse under State Inspection in Conceição da Feira - Bahia. Between these specific days, was given basic training on adequate handling for animal welfare to employees executors of related steps, addressing the appropriate actions in every pre slaughter operation and a new assessment was made by comparing the results of two steps. The amount lost in carcasses condemnation was R $ 494,015.18 and the most of these losses (41,21%) can be attributed to technical defects in the slaughter. The post-mortem total condemnations was 17% and partial, 83% of yearly condemnations and the most prevalent causes found were excessive scalding and contusion / fracture, respectively. The daily economic losses was R $ 2,277.00. A large part of expenditures can be attributed to technological defects inside the slaughterhouse. The training with teams responsible for pre slaughter operations and maintenance influences directly the slaughterhouse's losses reduction. [ABSTRACT FROM AUTHOR]

The article focuses on the case Acticon AG v. China North East Petroleum Holdings, Ltd. to explain the clause of no loss and no problem followed by the U.S. Second Circuit for delivery the judgment. Topics discussed include summary of the case, explanation of pleading standard for private securities actions as per the decision delivered in the Dura Pharmaceuticals, Inc. v. Broudo, and meaning of economic loss in securities fraud cases.

The article focuses on trends and treatment of the economic loss rule (ELR) related to construction in the Draft Restatement (Third) of Torts in the U.S. It discusses court cases that show trends related to ELR such as confinement to products context, confinement to contracting parties and replacement with ad hoc duty analysis. It explores various sections of the Draft Restatement involving the stranger and contractual ELR, professional malpractice exception and negligent misrepresentation.

Accurate flood forecasting is of utmost importance in mitigating flood disasters. Flood causes severe public and economic loss especially in large river basins. In this study, multi-objective evolutionary neural network (MOENN) model is developed for accurate and reliable hourly water level forecasting at Naraj gauging site in Mahanadi river basin, India. The performance of the developed model is compared with adaptive neuro-fuzzy inference system (ANFIS) and bootstrap-based neural network (BNN) models. The performance of the models is compared in terms of Nash–Sutcliffe efficiency, root mean square error, mean absolute error and percentage deviation in peak (D). The performance of the models in forecasting floods is also evaluated using existing performance evaluation criterion of Central Water Commission, India as well as a multiple linear regression model. A partitioning analysis in conjunction with threshold statistics is carried out to evaluate the performance of the developed models in forecasting floods for low, medium and high water levels. It is found that the performance of MOENN and BNN models is more stable and consistent compared to ANFIS model. For longer lead times, the performance of MOENN model is found to be the best, with its performance in forecasting higher water levels being significantly better compared to ANFIS and BNN models. Overall, it is found that MOENN model has great potential to be applied in flood forecasting. [ABSTRACT FROM AUTHOR]

Many Arizona homeowners are noncontracting subsequent purchasers--they are secondhand buyers who neither bargained for nor contracted with the builders of their homes. When a construction defect was discovered, the economic loss doctrine stood as both a hurdle for those homeowners and a safety net for homebuilders. But it turns out that the economic loss doctrine might not be such a hurdle after all. In Sullivan v. Pulte Home Corp., the Arizona Supreme Court held that the doctrine does not bar tort claims by noncontracting subsequent purchasers. The decision is likely to cause uncertainty for homeowners and homebuilders alike as Arizona courts wade through murky waters to figure out what Sullivan means for construction-defect litigation. Many unanswered questions remain after the Court's short opinion. Can subsequent purchasers really bring tort claims more than a decade after construction has ended? The Arizona Supreme Court says yes, in theory, they can. [ABSTRACT FROM AUTHOR]

It focuses on the decision of the second circuit court in accepting the rule related to the pleading of the economic loss after share-price recovery in reference to the court case Acticon AG v. China North East Petroleum Holdings Ltd. It reflects the role of the Securities and Exchange Commission (SEC) in providing the remedy in case of fraudulent securities of the private investors. It reports the judgment as the recovery of the share price for demonstration of the economic loss.

The article discusses the fraud-on-the-market securities-based tort in America as of November 2013, focusing on impersonal deceit, the economic loss rule, and several fraud-related presumptions. The differences between common-law actions for deceit and private actions under the U.S. Securities and Exchange Commission's (SEC's) Rule 10b-5 are addressed, along with a common law scienter requirement and several rulings by the U.S. Supreme Court.

The authors explore the jurisprudence of Illinois courts on the issue of coverage for construction defect claims. They discuss how courts have embraced other doctrines in construction defects claims, such as the natural and ordinary consequences test or the economic loss doctrine, but have applied them differently in the construction defect context than in non-construction defect claims in order to find no coverage under commercial general liability (CGL) policies of construction defect claims.

The article discusses an alternative approach to tort law in relation to the Minnesota Supreme Court's ruling in the 2012 case Glorvigen v. Cirrus Design Corp. which deals with a duty to provide training and an airplane manufacturer's duty to warn. An economic loss doctrine is addressed, along with an educational malpractice doctrine and liability under Minnesota law. Product safety and contract laws are examined, as well as breaches of contracts and the Uniform Commercial Code.

The article discusses the confusion associated with the economic loss rule (ELR) in lawsuits related to the construction industry. The ELR states that a party cannot recover standalone economic losses that are not related to personal injury or property damage, as per a legal theory of negligence. It is stated that one confusion is that ELR bars tort recovery of economic losses between parties who are in privity of contract.

The article discusses several court cases dealing with claims of employers against employees. Court cases discussed include Bhandari v. VHA Southwest Community Health Corp. based on claims for lost profits, Astra USA Inc. v. P.E. Bildman based on claims for return of wages along with the Stack v. Chicago based on damages to the employer's property. Other topics include the economic loss rule in Utah International Inc. v. Caterpillar Tractor Co. and lawsuits based on claims for indemnification.