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Security Obligations Under The Tort Law Perspective Study

Posted on:2011-12-23Degree:MasterType:Thesis
Country:ChinaCandidate:S H JiFull Text:PDF
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Modern society is a society full of danger. With the fast development of society and economy in our country, the people is facing more and more danger and the number of the case of compensation in body injury is on the increase in the recent years. Many body injury in these cases was caused by the managers of public area or the organizers of people activity, who didn't bear their safety-guard obligation to the victims. The rule of safety-guard obligation is the very weak part of legislation and jurisdiction in our country, thus it need the further development in the future. On the base of comparing and studying the general duty of care in Germany and duty of care in British and American law, this article puts some suggestion about the new law of tort by studying the reality of the current society, including adding pre-obligation duty, perfecting area obligation, clearing the right content of the new law, using the contrary proof-provided type, and using the former supplement obligation, etc. I hope that the tort liability law will play a more and more important role in protecting the safety of people and building a safe and ordered society.
Keywords/Search Tags:safety-guard obligation, general duty of care, the tort liability law
PDF Full Text Request
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