The Objective Of Fault In Tort Law

The dissertation selects the objectified negligence which is one of the most important topics in tort law as the primary research subject. It combs out quite a lot of essential concepts, analyzes the history and the social foundation of legal system and puts forward the concrete legal system formation of tort law.The dissertation firstly makes a comprehensive and further analysis of negligence objectifying, adopting the ways of analytical jurisprudence, comparative jurisprudence and juridical economics.Part I begins with the opposition between the subjectivity of negligence concept and objectivity of negligence concept. It refers that the antagonism of these two is on the surface and the nature of them is identical. But academic tradition of common law system holds to define negligence as subjective psychological state while what the law concern about is the judging standard of negligence. It is the first meaning of negligence. The second meaning of it is that the judging standard of negligence would experience a changing course from taking conductor as standard to taking common reasonable man.Part II firstly comps out the changes of judging standard of negligence from Roma law to modern law ,does a comparative research on it and finds the reasons in it including abstraction of modern society, the change of tendency of law value, state's interference in private law and protection of occupational advantage. Secondly this part definitely brings up the modern pattern of judging standard of negligence which regards obligatory breach based on reasonable man standard as the establishment of negligence. Further the part explains about it including the social base of modern negligence and the protection done by modern negligence for reliance interest.Part III based on above all develops law format ion of connotation of judging standard of negligence including reasonable prediction of damage happened and reasonable avoidance of damage. Meanwhile this part makes a further explanation for it with Hand formula which is...