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On The Contributory Negligence

Posted on:2009-01-06Degree:MasterType:Thesis
Country:ChinaCandidate:S T QinFull Text:PDF
GTID:2206360245952711Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
fault offset, on the occurrence of damage or expanded, the victims also have been at fault, the court may, of its terms of reference, according to a certain standards to reduce or waive his or her liability to a fair and reasonable allocation of the damage to a system. Offset by the use of fault on the premise that the occurrence of damage or expanded, the victim is at fault, and fault and fault even with the legal consequences of the fault, a fault offset of the first element is also the victim is at fault. Second is the damage must be the result of identity. Fault even with the causal relationship is interrupted, and other related systems similar without the same. Fault offset the effect include: perpetrator can so that the corresponding reduction or removal of civil liability; court that the parties are not to be, in accordance with the terms of reference of the civil liability waiver perpetrator. In the no-fault liability or strict liability if the victim in a major fault, and the perpetrator is no fault or only minor mistakes in the application of fault offset. In affirming the special no-fault liability in tort applies the premise of fault offset, taking into account the no-fault liability for the Department of legislation to protect the interests of the victims for the purpose of the just distribution, so there should be applicable even fault by the restrictions, in order to avoid legal protection and the interests of the victims of the conflict. Fault has offset the need for the victims fault offset capability, the ability responsibility. Fault offset is not the essence of the establishment of tortious liability elements, but decided the amount of damages means, it is the principles of fairness and appropriateness. This paper applies fault in the accident and the question of balance were studied.
Keywords/Search Tags:Tort Liability, fault offset, accident
PDF Full Text Request
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