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On The Construction Quality Of Tort Liability

Posted on:2009-02-20Degree:MasterType:Thesis
Country:ChinaCandidate:F J LiFull Text:PDF
Abstract/Summary:PDF Full Text Request
Liability for mass defect is divided into three parts theoretically in china: tort liability for product quality, tort liability for building quality and tort liability for quality of service. About tort liability for product quality, the legislation about it is rather perfect, and the studies in theory about it have reached considerable depth. However, so far our laws, regulations and rules are all highlighted the administrative functions. This will inevitably result in a malpractice: attaching importance to impose strict administrative punishment on the injuring party, ignoring the civil rights of the consumer protection. In order to protect the victims who are in a poor position, the paper defines the concept of tort liability for building quality, analyzes its constitution of responsibility and discusses its compensation principle and the scope of compensation.The thesis has three parts as follows:The first part, the author analyzes the concepts of quality and building project quality, noting that the building in this paper is narrowly defined, is mainly directed against civilian purposes of commercial housing; then introduces the concept of tort for building quality, even though it is a special tort, its most notable feature is that it is closely linked with the theory of "injuring performance" in civil law and contract law. And therefore, in order to thoroughly understand tort for building quality, the author introduces the system of "injuring performance" and compare it to "injuring performance" . Finally, the author defines tort liability for building quality, compares it to tort liability for product quality, and analyzes when liability for breaching of contract and tort for building quality conflicts, how the victims choose suitable claim to appeal to the full protection of their rights.The second part is the doctrine of liability fixation and the constitution of responsibility. I think, in order to achieve the balance of interests between consumers and construction enterprises, in this areas, we should adopt the doctrine of liability fixation. Constitution of responsibility is made up Of three parts: the first is there is defect in a building, the second is there is damage facts had been occurred, the third is there is relation of cause and effect between the two parts above. This part is the main part of the article. The third part is about the persons and units of liability. When construction quality infringements take place, who should be held responsible for it? In this part of the construction quality defects caused damage to the buyer, construction quality defects caused damage to a third party under the responsibility of both the main done analysis, and focused on many people should bear the responsibility jointly and severally liable reasons.PartⅣis compensation for damage for defect building. When the accident occurred because of defective building, it is very important to compensate the victims. To compensate victims for the loss of general purpose, to curb acts of victimization for social purposes, to perpetrators of the economic conditions for the realization of conditions, therefore, we should implement the following principles: full compensation, consider the economic situation of the parties, balancing gains and losses. The scope of compensation in the following areas: the compensation for loss of property, including direct and indirect loss; the loss of personal injury; spirit award of damages.
Keywords/Search Tags:Tort liability for defective building, Strict liability, Joint liability, Compensation for damage
PDF Full Text Request
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