The Liability of Private Certification Bodies for Pure Economic Loss: Comparing English and Italian Law

Abstract

This article addresses the liability that private certification bodies may incur to third parties for pure economic loss in cases of negligent certification, and uses it as a case study to illustrate the ways in which English and Italian law deal with liability for negligent misrepresentation in general. The analysis identifies points of convergence and difference between the two systems, and compares tortious and ‘hybrid’ approaches, highlighting operational problems that may arise (eg indeterminate liability) and broader implications for theoretical accounts of tort law and the law of obligations. The notion of certification is construed in a broad sense to encompass all statements certifying that a product or process complies with specified standards.