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The Contributory Negligence Principle In Tort Law

Posted on:2007-05-12Degree:MasterType:Thesis
Country:ChinaCandidate:J TanFull Text:PDF
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The Contributory Negligence Principle plays an important role in contemporary civil law. This principle accord with the rule one should burden ones own fault. It also represents the pursue of justice and righteousness of law. Contributory negligence means on occurrence or expansion of damage, the liability for compensation of the injuring party should be diminished or remitted when the injured party has negligence. As a principle of damage compensation, it has been accepted broadly in the field of tort law. This paper, studied the Contributory Negligence Principle from the aspect of law of torts. The author referred other countries legislation and judicatory practice, also combined domestic Acts. Through contrasting and analyzing the theory foundation, system design, the range of applicability and method in judicatory practice, the author puts forward some superficial opinion on theory and practice. Such as, the theory foundation of the Contributory Negligence is justice and righteousness of law and the principle that one should burden his own obligation; Contributory Negligence requires the injured party possesses corresponding capability, this capability means the injured party possesses the ability of understanding the results—especially some badness aftereffects of his own action. This paper also enlarged the applicable range of the subjects, expounded the method of using the principle of Contributory Negligence. Generally, this paper is made up of three parts.Section I ,summary of the Contributory Negligence. Expounding the principle from the aspect of theory foundation, comparative law system and legislative history of Contributory Negligence, described the principle of Contributory Negligence briefly. After analyzing the rationality and limitation of some theories of Contributory Negligence, the author put forward that the tenet of legislation is the obligation...
Keywords/Search Tags:The fault of the injured party, Contributory Negligence principle, Composing elements of the Contributory Negligence, Application of the Contributory Negligence principle
PDF Full Text Request
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