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Discussion About The Causality Of Tort Liability

Posted on:2004-03-30Degree:MasterType:Thesis
Country:ChinaCandidate:X H JiangFull Text:PDF
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Causality is the effective condition of tort liability. Dichotomy is adopted in the causality theory abroad. Namely, the scholars in continental law system countries hold the two levels of causality: that is, causality at the level of establishment of tort liability and the level of scope of tort liability. Regarding the liabilities determine, determine at the tow levels is adopted as well. Because of the unique jury system, the liabilities determine in the Anglo-American law system countries consists of two, namely, the determine of causality in terms of causation in fact and that of causation in Iaw The dichotomy of causality in the law of tort not only specifies the tort liability but also limits the scope of the liability. The dichotomy theory can be of some help to the improvement of the system of the rule in our country. The theory of indispensable condition can be the basis for the establishment of the causality in terms of causation in fact. Meanwhile, the correspondence of causal relationship theory can be regarded as a principle for determining the causality both in terms of the scope of liability and the causation in law.
Keywords/Search Tags:causality, dichotomy, theory of indispensable condition, the correspondence of causal relationship theory
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