On The Negativism Of The Equitable Liability

It is on the negativism of the equitable liability. After the general description on thelegislation and theory of the equitable liability, many mistakes and deficits can be found. Onthe side of legislation, firstly, because of the disorder with the fault liability and the strictliability, the legal provisions are hard to apply. Secondly, the different names of liability andthe loss part appear in the provisions. Thirdly, the legal provisions have no theory basis at all.On the side of theory, there are three points. The positive theory says that the equitableliability is principle of account. The negativism denies the existence of the principle. And theeclecticism proclaims that it is a rule which must be applied carefully rather than principle.But, the three views have mistakes in their reasons. The positive theory’s arguments of thejustice of the liability and the duty in action are wrong in logic. The negativism’s argumentscan’t reach the point and shake its base. In all, all of the three points just talk about its legalprovisions which are keeping away from the due consideration of it.The following analysis is to divide the equitable liability into two parts of dueconsiderations and the realities. The part of due considerations contains the pursing valuesand the complete functions. It’s the pursing values that build its justifiability, and the completefunctions embody its reality bearings. The former is the accord with the concept of justice,and the later is accord to the character and the function of the law of torts. The fact is that thereality of the equitable liability can’t match the due considerations, which is the fatal reasonof all problems.The primary cause of the discrepancy between the reality and the due is the violation ofthe rule which denotes only the wrongs can lead to duty. Actions without wrongs are just likethe natural disasters and the unexpected emergences. On the other hand, the functionsachieved can be obtained from other ways, for example, the social aid. In a word, theequitable liability is unreasonable.