A Study On The Liability Of Breach Of Contract And Tortious Liability

It has long been recognized that liability can occur concurrently in both tort andcontract.Various scholars from all over the world, including from China, mooted theirtheories and suggestions and the judicial practices in various countries vacillateamong differentsuggestions and are contradictory with each other. For theconcurrence of tort liability and liability for breach of contract, it is mainly refers tothe offender on the implementation of a wrongdoing at the same time meet therequirements of the composition of tort liability and liability for breach of contract,the right holder may require the obligation to undertake any responsibility, but afterthose responsible for any responsibility, the responsibility of the relationship betweenthe parties is to eliminate the phenomenon. They have itself characteristic and form ofexpression. For the concurrence of tort liability and liability for breach of contracthave a more clear understanding, this article try to liability for breach of contract andtort liability issues from the perspective of its historical origin and social development,the detailed anatomy so far are representative of the theory and judicial practice,reveals the essence of the competition, and in the analysis, evaluation, and inheritingpredecessors’ research results, on the basis of their independent thinking of personalviews on this question. Specifically, this paper expounds the following several parts:First of all, this paper expounds the general theory of liability concurrence andcarry out the concepts of liability concurrence and comparative analysis, from theAngle of legal liability concurrence are analyzed, and expounds the importance of theliability concurrence; Secondly, on the view of civil liability, analyses the concept ofcivil liability and competition, thus explores the civil liability concurrence ofhistorical and realistic reasons, and introduces the international processing method forthis kind of competition; Again analyzes the concept and characteristics ofconcurrence of liability for breach of contract and tort liability, mining the deepreason of concurrence of liability for breach of contract and tort liability, and theliability for breach of contract and tort liability concurrence analyzed; Then, in-depth to explore the characteristics of the liability for breach of contract and tort liability concurrence, on this basis, explores the causes of them:model, allowing banned phenomenon in the choice of mode, limited litigation pattern. To our country’s current law on the processing of concurrence of liability for breach of contract and tort liability, exposed the lack of judicature in our country.Finally, the author from liability for breach of contract and tort liability concurrence practice aspects, first of all, with the concurrence of liability for breach of contract and tort liability laws disposal, this paper expounds in detail and the existing defects and explore the reasons, at the source of concurrence of liability for breach of contract and tort liability law deals with the perfect, and puts forward some thinking and Suggestions for legislation of our country level.