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A Comparative Study Of Motor Vehicle Driver's Liabilities Resulted From Road Traffic Accidents In China And United Kingdom

Posted on:2013-02-20Degree:MasterType:Thesis
Country:ChinaCandidate:D H TianFull Text:PDF
GTID:2216330374952904Subject:Law
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As one with high density of population and large traffic flow, United Kingdom belongs among those countries holding bettermost traffic which benefits from its excellent social policies and managements, as well as its well-set legislations and knock-down enforcements, especially its strict requirements of duties of care and stern punishments toward motor vehicle driver. As constructive measures for amending road traffic laws of China may be arised from studing the system of tort liability of motor vehicle driver in United Kingdom.This dissertation is divided into seven parts. It begins with the introduction of the main content of this article. Then second chapter is the comparison of the basic constitutive requirements of motor vehicle driver's tort liability between China and UK, including the determination of the driver's duty of care and the causation between the driver's acts and the victim's damages, together with the speciality of the later. Thereafter, Chapter three contrasts the content of the damage compensation in China to that of UK, particularly analyzes the difference under the circumstances that the victim suffers from disability or mental injury. Chapter four seeks the possibilities for the driver argueing for mitigation or exemption of his/her liability in foresaid countries, and summarizes their distinctions. Chapter five cites special examples in order to point out the way for each country handling the situation that whether a insured driver will be compensated if his injury is resulted from the negligence of his/her allowed driver in charge of the motor vehicle when the accident happens. Consequently, the article turns to affording some reasonable suggestions in the hope of contributing a little to the creation of a favorable traffic environment. The final chapter is conclusion.
Keywords/Search Tags:motor vehicle driver, tort liability, road traffic accident
PDF Full Text Request
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