Warning Obligation To Study

Most of the time, duty to warn arises in products liability cases, where manufacturers or sellers are held strictly liable for injuries caused by hazards inherent in the use of their products. But with the development of the theory and practices of the law of torts, the concept of duty to warn developed some new kinds of warnings including warnings on the injuries injured by property,warnings on the preceding behavior,warning on area of ultrahazardous activities or storing ultrahazardous materials. The concept ofduty to warn in general refers to in consideration of avoid injuries, the hazards maker or disseminator should tell the others the hazards and its level. The hazards maker includesmanufacturers and sellers, property owner and manager,thefeasor of the preceding behavior, the manager of ultrahazardousareas.Specifically, we can find theanalysis of the situation in research of duty to warn, the problems and the methods. As the summary, in chapter 1, you can learn the concept of duty to warn in general and the characters. We defined four kinds of duties according to different standards in duty to warn. And then we discussed the objects and subjects of the new duties, the reasons and the contents of the new duties, and the related background. In chapter 2, we amplified different factors of duty to warn, analyzed the objects including the manufactures, sellers, property owners and managers,the preceding behavior doers and the managers of ultrahazardousareas. Meanwhile, we researched the subjects including defective products, hazardous property, the preceding behavior and ultrahazardousareas. Besides, we talked about the receivers of the duties including consumers, the relative person of the behavior, third-party, the doctors and travellers, and so on. In chapter 3, we discussed the content of duty to warn, includesthe warning, instruction and marker.Then we amplified the relations of the three factors. In chapter 4, we analyzed the principles of line of duty, the factors of the duty and the immune condition. Including unforeseeable dangers, open and obvious dangers, commonly known dangers and inappreciable dangers. In chapter 5, we researched the transgressor's liability.According to the exploration in this article, I try to consummate the system of duty to warn, analyze the theory behind the act, in order to make the theory known to ordinary, exert its positive effect on restrict people's behavior and protect their legal right.