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Study On Responsibilities And Obligations For Saler At Management Area

Posted on:2005-04-29Degree:MasterType:Thesis
Country:ChinaCandidate:Q J LiFull Text:PDF
GTID:2156360152466247Subject:Law
Abstract/Summary:PDF Full Text Request
Recently, the shoolar study the new topice which is the obligation of safety at management area. In article, the obligation of safety is legal. There are four reason contribute to it. Firstly, there are some legislation stipulate that saler should protect buyer in certain condition. Secondly, it is duty of form for society. Thirdly.it live up to the perspective of fair. Fourthly, it could overcome some shortcoming in the theory that the obligation of safety is collateral obligation.It include the obligation to provide safety installation and obligation to employ specialized escort. Comparing to two casese, when the consumer harmed by other person ,we restricted the range of the obligation. The range is that the escort are able to fight the intruder if the saler had the escort in his company.Tort ability is predominant in essence of liability, the contract ability is subordinate.The principle of liability fixation is doctrine of liability for wrong. We ascertain dealer who should assume liability through presumttive tort.The Tort behaviour must have three qualifications, such as fault of saler, harm, relation between fault and harm and so on. The renege liability should have three factors, for instance, behaviour of renege, harm, relation between behaviour and harm.Finally, under the circumstance that saler had done all his best to consist the person who injure the consumer, but the comsumer still hurted, under the circumstance that some one should assume liability of production, under thecircumstance that the comsumer had been ill,been intentional or been serious negligence, under the circumstance that it act by god, we considered that saler should exemped from ability.
Keywords/Search Tags:the obligation of safety, legal obligation, renege liability, doctrine of liability for wrong
PDF Full Text Request
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