The Experts Studied The Tort Liability Of A Third Person

The liability of the expert to the third party is the core problem in the theory of the expert infringement.This thesis talks about some of the theory of basic problems.This thesis is the research of the civil liability of the expert infringement.The scope of this thesis is tort law,the expert liability is just the liability of the liability infringement.The object of the expert infringement refers to the third party that has the contractual relation with the expert and suffers from the activity of the expert.This thesis has nearly 30000 words in total and is composed of rour parts.The first part defines the concept of the expert that this thesis refers.The second part focuses on the discussion of the scope of the third party.The discussion bases on the analysis of the two legal systems that how they define the third party.The commom law system develops into the criterions of the third party of the main beneficiary,reasonable forcast and the forseen,and based on these criterions to define the third party.On continental law system,the German law settles this problem on the domain of the contract law,and through developing various kinds of theory of contract law to define the scope of the third party.The French law settles this problem on the domain of the tort law that has the causal relations.Through the analysis of the definition of the third party of the two legal system,this thesis regards that it is better to settle this problem on the domain of the tort law,as for the criterion of the scope of the third party, this thesis takes the criterion of the known or forseen.The third part talks of the body of the expert liability,the principle of the determination of the liability and the component conditions of the expert liability. The body of the expert liability is the ordanization that the expert belongs,for example, the law firm.The principle of the determination of the expert liability should adopt the principle of the fault, and the determination of the fault should adopt the putative determination.The component of the expert liability should be composed of the act of the infringement,the consequence of the damage,the causal relationship and fault. This thesis concretely discusses the above-mensioned four conditions.The fourth party mainly discusses the limitation of the expert liability and the liability insurance. It explains the disperse and limitation of the expert liability.