| On May 20,2010, there was a drunk death claim in Hai'an County in Jiangsu Province. Four drinking buddies, Mr Han, Mr. Zhou, Mr. Dai and Mr. Cao, had a drink together. Mr. Cao, one of them, died after his stopping drinking. Cao's families requested compensation for damages from the other three, but the three argued that inviting the deceased to drink is out of kindness, they did not want to compensate Cao's families. Therefore, the two sides had a heated argument for this. The controversies are if families of the deceased can claim damages from the other drinking buddies, what kind of duty of care a drinker should owe to the others; what kind of civil liability principles the drinking buddies should follow to be liable for damages.In this thesis, the details of the case will be analyzed and evaluated and legal issues reflected in this case will also be analyzed and summarized. The legal issues concerned are the constitutive requirements of ordinary acts of infringement, duties of care brought about by an actor's prior behaviour, how to make option between fault liability principle and fair liability principle, the principle of mediation going first, integrating mediation with judgement.This paper holds that the other buddies owe a duty of care when the drinker who is drinking with them gets drunk and his(or her) life and property might be at risk. The other buddies shall exercise reasonable care to avoid damage to the drinker's life or his(or her) property. If the other buddies had breached the duty and some damage was done to the drunk because of it, the others shall be liable for damages according to fault liability principle.
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