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The Theory Of Tort Law Of Negligence Offset

Posted on:2013-08-14Degree:MasterType:Thesis
Country:ChinaCandidate:Y NiuFull Text:PDF
GTID:2246330374454436Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The principle of contributory negligence refers to the victim for the damageoccurred or in expanding the fault, the court based on the point of view of equitableinterests of the parties and the principle of fairness and justice, ex officio, to reduce theresponsibility of the obligation to compensate people, the principle of fair andreasonable distribution of damage. The constituent elements of the principle ofcontributory negligence the victim’s contributory negligence, the victim and the faultand the victim fault is the common cause of the damage occurred or expand three. Theprinciple of contributory negligence applies not only to fault liability applies to no-faultliability, but under certain conditions. Advocate of the victim causes the main range ofoffenders can not contributory negligence to the victim advocate, the contributorynegligence of others. In addition, the principle of contributory negligence can also applyto part of the request for mental damages and tort. Contributory negligence applicable tothe process according to the Principles of Responsibility to distinguish the comparisonof the fault and causes of force.
Keywords/Search Tags:Contributory negligence, The victims fault, Compensation for damage
PDF Full Text Request
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