Economic Loss Concept, Types & Rule
What is Economic Loss?
Individuals and businesses often face circumstances or events which cause them to lose money. This is called economic loss. But precisely what is economic loss? A simple economic loss definition is the financial loss or loss of money through circumstances that exclude those that involve personal injury. Typically, a business or individual can view their financial statements to determine their total economic loss over a given period. Essentially, any loss or damage to physical property, loss or unexpected expense of physical money, or even the loss of time or the chance to earn money could be considered economic loss.
Personal injuries are not included because in the definition of economic loss because it can often include non-economic damages which are difficult to quantify such as emotional or physical pain. If an individual or entity is liable for an injury, the legal case is handled separate from purely economic loss cases which usually involve a breach in contract. Though personal injury cases do often include compensation for monetary costs such as medical bills, there typically isn't a preexisting legal contract between individuals in personal injury cases (just unwritten social contracts which must be assessed by a jury).
Though economic loss involves losing money, there are many ways to lose money or financial value, some more direct than others. For this reason, economists categorize economic loss into two main types: pure economic loss and consequential economic loss.
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Pure Economic Loss
Pure economic loss is defined as circumstances that result in only a loss of money. Therefore, pure economic loss excludes property damage because money isn't the only thing lost in such a circumstance; the loss isn't purely monetary. An example of pure economic loss is a poor stock investment. If someone purchases stock, they are trading money for a share in a company. However, if the stock price falls and the individual sells the stock at a lower price, they will have realized some financial losses.
Another example of pure economic loss is if a business loses some customers and, therefore, the revenue that they bring. This can occur if the demand for a product or service goes down or if a competitor's business opens and attracts some customers away from the original business. Some seasonal industries experience temporary pure economic losses during the off-seasons of their industries.
Consequential Economic Loss
Consequential economic loss is a financial loss that directly results from a circumstance or event. Consequential economic losses do not have to be pure money losses. They can include other types of losses such as property damage, loss of employees, or loss of opening time as a business. For example, if a restaurant fire causes damage to the kitchen and building, the restaurant will have to temporarily close to repair damages. This leads to financial loss in the costs of repairs and the loss of income during the time that the restaurant must remain closed.
Another example of consequential economic loss is if the same restaurant has an outbreak of the flu among its employees and cannot support the number of customers it usually has with its decreased staff. This will lead to longer waiting lines for tables and a likely temporary decrease in customers directly causing a short-term financial loss.
What Is Economic Loss?
Economic loss is a term used to describe circumstances when an individual or an organization loses money. The term covers financial loss that is usually visible in a balance sheet or other financial statements. While economic loss includes instances of loss in income suffered by a person or a business, it excludes any cases in which that loss of income is due to physical, personal injury. Economic loss may be caused by a natural disaster, such as a hurricane, or by the negligence of another party.
The Rule of Economic Loss
Suppose an individual or business realizes some unexpected economic losses due to the circumstances caused by another individual, entity, or event. In that case, there are outlets for them to be able to recuperate at least some economic loss. The rule of economic loss states that a person or business that experiences an economic loss may have an outlet to recuperate losses if the losses stem from any breach of contract. The rule also specifically mentions tort theory or tort liability, which states that an offender to an injured is required to compensate the injured to return them as best to their previous state of being. However, the rule of economic loss states that tort law cannot be applied in economic loss cases as tort law is specific to individual-on-individual interactions without written contracts.
A breach of contract is any action or lack of by an individual or entity that violates or fails to uphold the terms agreed to in a legally binding contract. An example of someone using the rule of economic loss would be. For example, a real estate deal may go wrong, and a seller can experience consequential economic losses. Suppose a seller takes a house off the market because a buyer puts a certain amount of money into the escrow account, expressing their commitment and earnestness to purchase. In that case, the seller is missing out on other possible offers. If the buyer then backs out of the deal right before the final document is signed, the seller may be entitled to recuperate their consequential economic loss by keeping the buyer's money into an escrow account. The seller may be entitled to the escrow money because the buyer had many opportunities to back out of the deal during going over their contingencies before the closing date.
Lesson Summary
Overall, economic loss is any financial loss experienced by an individual, business, or entity, which excludes those cases which losses due to personal injury. There are two main types of economic loss: pure economic loss and consequential economic loss. Pure economic loss is the loss of solely money or income (excludes property damage). For example, pure economic losses include a business losing all of its clients, which supplies income, a restaurant having to close down temporarily, or investment made, resulting in a loss of value.
Consequential economic loss is any financial loss that results directly from another loss, event, or circumstance. This can therefore include damages such as property damage. Examples of consequential economic loss include the costs of repair on a fire-damaged building and the costs of remaining shut down during repairs. The rule of economic loss states that financial damages can only be recovered if there has been a breach of contract. This is in contrast to tort laws for individuals suing for personal injuries. A breach of contract is any action or inaction which fails to uphold a legally binding contract.
Types of Economic Loss
Because economic loss can take on so many different forms, economists use several divisions and sub-categories to further describe loss conditions. There are two main types of economic loss: pure economic loss and consequential economic loss.
Pure economic loss is usually defined as financial loss that excludes property damage. In other words, in cases of pure economic loss, the only thing that is lost is money. Examples of pure economic loss might include a loss of funds as a result of an investment not performing, the loss of business due to competitors' success, or the loss of goodwill in a community because of bad online reviews.
Consequential economic loss is directly caused by another event. In cases of consequential loss, the loss of money is a direct result of another loss or circumstance. Examples can include economic loss caused by property damage or the unsatisfactory performance of goods.
Let's look at a few examples of economic loss and decide whether each one is pure or consequential.
Allie is employed by a big box retailer. The store becomes flooded one day during a storm and the owners had to cease operations for five weeks. Allie is unemployed for those five weeks and, as a result, was not earning income.
Which type of economic loss is this? If you said consequential economic loss, you are correct! Allie's economic loss is a consequence of the storm's physical destruction of the store. Let's try another. Here's another example:
Jacob makes a $50,000 investment in a start-up company. A contract is drawn up stating that Jacob will be repaid $65,000 in five years. One year into the deal, the start-up company goes bankrupt and the entrepreneur behind it is imprisoned on charges unrelated to the business. Jacob is now out $50,000.
So, pure or consequential? What do you think? The answer is that this is an example of pure economic loss because the only thing that is lost is money. There is no physical damage or event that directly caused Jacob's loss.
The Rule of Economic Loss
Let's stay with Jacob for a second. After his start-up goes bankrupt, is his money gone forever? Is he just tough out of luck? Well, no, thank goodness he's not. Jacob may actually be able to recoup his investment. To do so, he would have to sue the start-up company and its owner. Fortunately, Jacob had a contract for this investment deal and so his chances of being able to get his money back are pretty good, according to the rule of economic loss.
The rule of economic loss states that the person or the business that experiences economic loss may recuperate damages for the loss based only on claims stemming from breach of contract. The rule also specifically addresses tort theory, also referred to as tort law or tort liability. Tort theory was created to compel an offender to restore the injured entity or party to its former state. In other words, it's a basis for a lawsuit that seeks to make everything right by compensating the plaintiff. The rule of economic loss, however, states that tort law may not be applied in economic loss cases.
However, cases of breach of contract are perfectly acceptable grounds on which to try to regain economic loss. A breach of contract is any action or inaction of any party to the contract, which violates or fails to uphold the terms of the contract. If this action or inaction, referred to as the breach, causes economic loss, the party experiencing the loss may seek to recoup damages through the legal system. Think back to Jacob's lost investment. Because Jacob had a contract that outlined the funds invested in the company and the amount of money he was supposed to get in five years, he can sue for breach of contract because the company went under and will not be holding up their end of the deal: giving Jacob $65,000.
Lesson Summary
Economic loss is a term used to describe circumstances when an individual or an organization loses money. The term covers financial loss that can usually be seen in a balance sheet or other financial statements. While economic loss includes instances a loss in income suffered by a person or a business, it excludes any cases when that loss of income is due to physical, personal injury. Economic loss may be caused by a natural disaster, such as a hurricane, or by the negligence of another party.
Pure economic loss is usually defined as financial loss that excludes property damage. In cases of pure economic loss, the only thing that is lost is money. Consequential economic loss is loss that is directly caused by another event, including events like property loss or defective products.
The rule of economic loss addresses the circumstances under which victims of economic loss can seek legal help in recovering their losses. It states that the person or the business that experiences economic loss may recuperate damages for the loss based only on claims stemming from breach of contract. A breach of contract is any action or inaction of any party to the contract, which violates or fails to uphold the terms of the contract. If this action or inaction (the breach) causes economic loss, the party experiencing the loss may recuperate damages through the legal system.
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What Is Economic Loss?
Economic loss is a term used to describe circumstances when an individual or an organization loses money. The term covers financial loss that is usually visible in a balance sheet or other financial statements. While economic loss includes instances of loss in income suffered by a person or a business, it excludes any cases in which that loss of income is due to physical, personal injury. Economic loss may be caused by a natural disaster, such as a hurricane, or by the negligence of another party.
Types of Economic Loss
Because economic loss can take on so many different forms, economists use several divisions and sub-categories to further describe loss conditions. There are two main types of economic loss: pure economic loss and consequential economic loss.
Pure economic loss is usually defined as financial loss that excludes property damage. In other words, in cases of pure economic loss, the only thing that is lost is money. Examples of pure economic loss might include a loss of funds as a result of an investment not performing, the loss of business due to competitors' success, or the loss of goodwill in a community because of bad online reviews.
Consequential economic loss is directly caused by another event. In cases of consequential loss, the loss of money is a direct result of another loss or circumstance. Examples can include economic loss caused by property damage or the unsatisfactory performance of goods.
Let's look at a few examples of economic loss and decide whether each one is pure or consequential.
Allie is employed by a big box retailer. The store becomes flooded one day during a storm and the owners had to cease operations for five weeks. Allie is unemployed for those five weeks and, as a result, was not earning income.
Which type of economic loss is this? If you said consequential economic loss, you are correct! Allie's economic loss is a consequence of the storm's physical destruction of the store. Let's try another. Here's another example:
Jacob makes a $50,000 investment in a start-up company. A contract is drawn up stating that Jacob will be repaid $65,000 in five years. One year into the deal, the start-up company goes bankrupt and the entrepreneur behind it is imprisoned on charges unrelated to the business. Jacob is now out $50,000.
So, pure or consequential? What do you think? The answer is that this is an example of pure economic loss because the only thing that is lost is money. There is no physical damage or event that directly caused Jacob's loss.
The Rule of Economic Loss
Let's stay with Jacob for a second. After his start-up goes bankrupt, is his money gone forever? Is he just tough out of luck? Well, no, thank goodness he's not. Jacob may actually be able to recoup his investment. To do so, he would have to sue the start-up company and its owner. Fortunately, Jacob had a contract for this investment deal and so his chances of being able to get his money back are pretty good, according to the rule of economic loss.
The rule of economic loss states that the person or the business that experiences economic loss may recuperate damages for the loss based only on claims stemming from breach of contract. The rule also specifically addresses tort theory, also referred to as tort law or tort liability. Tort theory was created to compel an offender to restore the injured entity or party to its former state. In other words, it's a basis for a lawsuit that seeks to make everything right by compensating the plaintiff. The rule of economic loss, however, states that tort law may not be applied in economic loss cases.
However, cases of breach of contract are perfectly acceptable grounds on which to try to regain economic loss. A breach of contract is any action or inaction of any party to the contract, which violates or fails to uphold the terms of the contract. If this action or inaction, referred to as the breach, causes economic loss, the party experiencing the loss may seek to recoup damages through the legal system. Think back to Jacob's lost investment. Because Jacob had a contract that outlined the funds invested in the company and the amount of money he was supposed to get in five years, he can sue for breach of contract because the company went under and will not be holding up their end of the deal: giving Jacob $65,000.
Lesson Summary
Economic loss is a term used to describe circumstances when an individual or an organization loses money. The term covers financial loss that can usually be seen in a balance sheet or other financial statements. While economic loss includes instances a loss in income suffered by a person or a business, it excludes any cases when that loss of income is due to physical, personal injury. Economic loss may be caused by a natural disaster, such as a hurricane, or by the negligence of another party.
Pure economic loss is usually defined as financial loss that excludes property damage. In cases of pure economic loss, the only thing that is lost is money. Consequential economic loss is loss that is directly caused by another event, including events like property loss or defective products.
The rule of economic loss addresses the circumstances under which victims of economic loss can seek legal help in recovering their losses. It states that the person or the business that experiences economic loss may recuperate damages for the loss based only on claims stemming from breach of contract. A breach of contract is any action or inaction of any party to the contract, which violates or fails to uphold the terms of the contract. If this action or inaction (the breach) causes economic loss, the party experiencing the loss may recuperate damages through the legal system.
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What does economic loss mean?
Economic loss is any financial loss that is experienced by an individual, business, or entity. Economic loss excludes personal injury, which is regulated by tort law instead. Economic loss is the loss of money through indirect or direct means.
What are the effects of economic loss?
The effects of economic losses are a loss of money one way or another. Either the individual or entity loses value, such as in the case of property damages and markets going down, or the individual loses customers, clients, or time that their business is operating.
What causes economic loss?
Things that cause economic loss can be damages to personal property or business property, sicknesses caused by health standards not being met by a business, or a loss of customers or clients. These things can either directly or indirectly lead to financial losses.
What is an example of an economic loss?
An example of economic loss would be if an individual purchases a stock for a higher price than the price they sell it. If the individual sells at a lower price, they will be realizing an economic loss because they lost money on the trade.
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