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On Imputed Contributory Negligence

Posted on:2008-08-21Degree:MasterType:Thesis
Country:ChinaCandidate:C P YangFull Text:PDF
GTID:2166360212994073Subject:Law
Abstract/Summary:PDF Full Text Request
Tort law is concerned with liability for personal injuries and property damage. Today, the awareness of people's rights is growing. So tort law is playing an increasingly important role and scholars also grow concern with the study of tort law. Although in practice there are lots of cases involved in imputed contributory negligence, people pay more attention to contributory negligence and comparative negligence than this issue. As a branch of fault on the part of the plaintiff, there is controversy about it. In practice, what will happen with the establishment of imputed contributory negligence, whether minor children can be made vicariously responsible if there is fault on the guardian of minor children, whether imputed contributory negligence can be adopted under the rule of liability without fault, there are controversies in varying degrees about these problems, the resolution of these issues have a direct bearing on the allocation of liability for damages. This article tries to make a few attempts in this regard and elaborate various theories on some controversial issues.This paper first starts with the concept of fault on the part of the plaintiff, explains the fault on the part of the plaintiff, mixed fault, offset liability and imputed contributory negligence, analyzes the differences about these confuse concepts and clear the links and distinction. Later, the paper discusses the rationality and function about the system of imputed contributory negligence based on fairness, justice, honesty and credit.Compared with contributory negligence, imputed contributory negligence has its particularity, the third part of the paper introduces the structural elements what the system of imputed contributory negligence contains and analyzes these elements in brief.The legal consequences of imputed contributory negligence is offset ability, it is ultimate to solve the problem how to divide damages. This is the reason why scholars are interested in this issue and numerous disputes have been triggered. Therefore, the fourth part of this paper focuses on the legal consequences of imputed contributory negligence. The issues about the responsibility of victim, how to operate offset ability, the effect of offset ability and whether can adopt imputed contributory negligence under the rule of liability without fault are more concerned. After introducing scholars' views, this paper tries to put forward some ideas.Another focus of this paper is that countries on the law and legal precedents doctrine of the imputed contributory negligence. Legal issues always come from social life. The discussion of legal problems, the contention of legal problems and the solution of legal problems are to make theoretical results applicable to the social realities. I believe that the eternal pursuit of the legal system is justice. During the proceeding of designing the most reasonable legal system under the reality conditions, how to measure values is the function of law to achieve fairness and justice. Legislators legislate in consideration of the relevant socio-economic, political and ethical concepts and many factors. Therefore, based on the idea of fairness and justice and in light of China's actual conditions, this paper sums up the types of imputed contributory negligence through comparison and examination of relevant national legal system. At last, this paper suggests that when minor children are made vicariously responsible if there is fault on the guardian of minor children, the legal system should be inclined to protect the minor children, for personal injury and property damage of imputed contributory negligence on different occasions legal system should be set up such distinction to promote progress.
Keywords/Search Tags:Tort, Imputed contributory negligence, Fairness, Offset ability
PDF Full Text Request
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