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Tort Law As An Obligation To Study

Posted on:2007-12-28Degree:MasterType:Thesis
Country:ChinaCandidate:Q DongFull Text:PDF
GTID:2206360185474072Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Affirmative duty to act is a new topic in our country's tort law field. In recent years, with the increase of cases of nonfeasance tort liability, it arouses people's attention in Chinese legal community. Duty of care can be divided into duty not to act and duty to act. Breaching different duty will arouse different kind of torts, positive infringement or negative nonfeasance tort.In tort law, no duty rule is the general rule, and the traditional tort law only focuses on misfeasance. Tort law long has held that one has no affirmative duty to help another, and the no duty rule's thrust is to absolve the non-actor from legal responsibility for the consequences of his inaction. People always think that duty to act only exists in contract law but not in tort law. Historically, the rule which imposed no liability for nonfeasance helped maintain the boundary between tort and contract law. But in modern times, in order to take precautions against increasing danger, duty to act is validated in tort law. In certain circumstance, people must act in certain ways as the duty's guide, and otherwise they must undertake tort liability because of their nonfeasance. Duty to act is reflection of our own morality, and at the beginning it is just our societal and moral obligations to others, but now, we must legislate to establish duty to act in tort law.Tort law will be an open system. With the development of social economy, and also with the increase of complexity degree of social activities and division of labor, there are more and more objections which need the protection of tort law. New type of tort will happen, and the duty to act is established to take precautions against increasing danger, so it will play an important role in the future tort law and expands nonfeasance tort liability. This paper takes the affirmative duty to act in tort law as the object of research, and uses several legal research methods, such as comparative analysis methods, historical analysis methods and substantial analysis methods to elaborate on it. Beginning with the position of duty to act in tort law, the author analyzes the duty's history, reasons and values for its existence, the sources and classification of affirmative duty to act, tort liability for breaching duty to act. Finally, the author combs the current legislation situation of our country and offers legislative suggestion.This paper includes five chapters altogether.In chapter one, the author elaborates on the position of duty of care in tort law, and divides duty of care into duty not to act and duty to act. The former is a kind of duty which make people do not infringe other people's rights; and the latter is a kind of duty to do...
Keywords/Search Tags:Fault, duty of care, affirmative duty to act, liability for fault, nonfeasance tort
PDF Full Text Request
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