In this article Professor De Alessi applies economic analysis to a California case which held that a tortfeasor who negligently destroys property which he rented is liable to the lessor for loss of use during the time in which a replacement is being procured. In arriving at the conclusion that the court may have made the correct decision despite the lack of economic considerations, a framework for economic analysis is suggested which may well be extendable to other factual situations.
Louis De Alessi,
The Rule of Liability for Loss of Use When Property is Totally Destroyed: Some Economic Considerations,
32 U. Miami L. Rev.
Available at: http://repository.law.miami.edu/umlr/vol32/iss2/2