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Tort Law On Security Duty Of Care

Posted on:2007-03-01Degree:DoctorType:Dissertation
Country:ChinaCandidate:J G XiongFull Text:PDF
GTID:1116360185972607Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The tort law is changing in 21st century. Especially in the field of liability of unintended action, because of objectivity of unintended action judgment, duty of care is not only the objective criterion to judge someone who is intended or not, but also play more and more important role in protecting victim's property and victim self in development of tort law. Because duty of care, as the creature of judicial prejudication, is a sort of liability base on law, contract, or pre-action between special parties, is also a liability of protection duty, which should be taken by proprietor or organizer, for customer or special participant. Building this duty of care or protecting will not only play important role in tort liability, but also in liability of omission. Duty of care and safe which based on foundation of duty of care, is not only a objective criterion for judging a action is legal or not, it builds liability of omission depends on theory of act and omission in crime law. At the same time, because duty of care and safe has profound base of nomology and unique function, it applies from public safe of transportation to total private law, and even common social safe. It emphasizes on duty of care from the field of contract protection to the field of tort, from substance to person. Scope of person who has this duty is widened, from proprietor or organizer to common social life participant. If you are opener or keeper of a danger, you have this duty to prevent damage happening. In the field of duty of product, transportation, medical service, duty of care and safe finds its legal space and even more, it develops continually.Proprietor or organizer ignores recent rear in china, in some public places, such as hotel, restaurant, and dance pub, body damages occur frequently because of duty of care. Existing tort law cannot supply legal support for victim for the action of operator and organizer is omission, current theory cannot explain liability of omission. But duty of care established in the field of liability of fault, exerts its normative function, supplies theory for liability of omission. Legal explanation of duty of care of proprietor or organizer, which is enacted by Supreme Court, is appearing in this background. Besides, at the time of enacting of china civil law, duty of care meets a good chance, it joins in the system of torts part of china civil law, will play more important role in tort law. Base on above-mentioned points, through analysis of foundation...
Keywords/Search Tags:Security
PDF Full Text Request
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