Research On Liability For Damages Between The Independent Traveler

In the disputes process of independent travel, it is necessary to studyhow to determine the legal relationship between independent traveler，howto understand the legal significance of assumption of risk behavior，undamaged take responsibility for the damaged independent traveler onwhich imputation principle.It is generally believed that the independent travel behavior is favorbehavior,undamaged take responsibility for the damaged independent traveleron the principle of fault liability.But because of the meaning of favor andassumption of risk,thus, only take responsibility in the case of intent orgross negligence.This paper is divided into three chapters: Chapter one, Use typical case in order to lead to the topic of this paperto be discussed─the necessary study of liability for damages betweenindependent traveler.Chapter two, Analyze independent travel and the nature of liability tolay the foundation for further civil liability on independent travel.Theindependent travel behavior is well-intentioned, the organizers provided freeservice makes the other peers take a ride.Thus,this behavior has a favorcharacteristics.so the legal responsibility should apply to the principle of faultliability.Chapter three,Analyze the fault of the tort liability standards and thetype of fault.First of all,identified independent travel organizers should beartort liability for violate of duty of care.And only for intent or grossnegligence to assume the tort liability.Fault judgment of the independenttravel organizers should be lower specific fault standard.As long as theorganizers fulfilled the same duty of care with its own to others believes thatthe completion of the duty of care.Secondly, analyze legal responsibility ofthe violate of rescue obligations and security obligations.Finally, identifiedthe effectiveness of assumption of risk.The independent traveler as the fullcivil capacity knows or should know the risks exist in their cognitive abilities range still insists on participating in the activities regarded as assumption ofrisk.