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Concurrence Of Tort Liability And Liability For Breach Of Contract

Posted on:2008-03-03Degree:MasterType:Thesis
Country:ChinaCandidate:S L ZhouFull Text:PDF
GTID:2166360242477364Subject:Law
Abstract/Summary:PDF Full Text Request
China's Contract Law pioneered the world legislation by openly granting parties the right to choice in the concurrence of Tort Liability and Liability for Breach of Contract. However the problem remains unsettled for there are many disputes about how to understand and apply this rule in practice. The article tries to find the key to the problem by appraising the world's related legislation, theories and practical modes, looking into the mutual infiltration of the two kinds of liability and analyzing China's mode of judicial practice.Chapter One Foreign theories and practices of liability concurrence: German is the representative of those countries with advanced civil and commercial law, where originated three major theories, that is, article concurrence, claim concurrence and claim norm concurrence. The major modes of practices in dealing with the concurrence include forbidden concurrence in France, allowed concurrence in German, and limited claim choice in Britain and USA.Chapter Two Mutual infiltration of Tort liability and liability for breach of contract: Since modern times the liability for breach of contract has developed some rules about collateral liability, compensation for mental damages and protecting third parties outside the contract. Tort liability has also been extended to such pure economic losses as that in negligent misrepresentation, value reduction of buildings or products by themselves, Cable Case, and so on. The two kinds of liability appear to be intermingling with each other.Chapter Three The theories and practices about liability concurrence in China: Herein are introduced the status of legislation, the views of scholars and the modes of judicial practices in dealing with liability concurrence before and after the promulgation of the Contract Law. It is pointed out that compensation for mental damages in cases of breach of contract has shown up in judicial practices.Chapter Four Suggestions about how to solve the problem of liability concurrence: Several steps should be taken to achieve the goal. Firstly, practical needs should be met by providing remedies for mental damages in cases of breach of contract. Secondly, tort liability should be extended to the area of expectable interests. Finally, Article 122 of the Contract Law should be reasonably interpreted and implemented.
Keywords/Search Tags:liability for breach of contract, tort liability, liability concurrence
PDF Full Text Request
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