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The Research Of The Contributory Negligence Principle In The Tort Law

Posted on:2013-07-02Degree:MasterType:Thesis
Country:ChinaCandidate:Y DongFull Text:PDF
GTID:2246330371480112Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Contributory negligence is an important system of the tort law .Based on theprinciple of fairness, when the victims of the infringement for the occurrence orexpansion of damage also have faults, the infringer should be reduced or remitted hiscorresponding liability for damages.Contributory negligence is the system when the victim has the fault for damagesor expanding the occurrence of the damages, in accordance with law the obligor couldbe reduced or exempted the compensation liability for damages. Negligence offset andtort law is a close relationship between the function. Risk society frequent damage, andits harm is enormous. In the traditional to fill the victim damage for the purpose of tortlaw can’t meet the need of social risks, the damage prevention into the people’sperspective. Law of tort has the function to reduce and prevent the occurrence of thedamages. Contributory negligence to implement the system of tort law function has thepositive role.In the victim’s fault negligence offset problems need special discussion. The needfor contributory negligence the victim to damage the happening of the result or fault isexpanding. About fault, in theory there is subjective and objective fault said speakingdifferent aspects of the subjective and objective unified said. Among them is subjectivefault said rationality, fault should be subjective factors, is to the infringer on thepremise of the criticism, and the illegality of the behavior have nothing to do. And thento research the types, characters and the concrete determination of the faults of thevictims of negligence offset. The victim’s faults include willfulness and negligence.The use of the contributory negligence depends on the factor whether the victimhas the ability of contributory negligence, the scholars have different opinions. Forcontributory negligence was established, the victim shall have whether contributorynegligence ability, and in theory have responsibility, and said, objective, and said,ability, ability enough attention said identification ability said, a different point of view. Contributory negligence the victim was when shall have the contributory negligenceability, therefore, must be the victim should have ability of liability that properaccountability, said there are other each problem and not advisable.Although the clear contributory negligence the established many elements, but forthe negligence offset application is not no question. The use of the system ofcontributory negligence should have an explicit description. Certainly the system ofcontributory negligence is applied to the juveniles when he has negligence. And in thethird person has the occasion of fault, the victim natural have no need to the thirdperson liable fault, and also can be used contributory negligence system. In the case ofno fault liability, if the victim for damage or expand the occurrence of a fault, can beused to reduce contributory negligence system or exempt from the infringer’s liabilityfor damages. About the contributory negligence applicable methods, comprehensiveaccount of various factors of comprehensive say more proper.
Keywords/Search Tags:Contributory negligence, Victim’s negligence, Negligence offset ability
PDF Full Text Request
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