Research On The Foreseeability Rule In Tort Law

Foreseeability rule as one of the important rules of contract law, has been muchattention from scholars, has been accepted by most countries, and is frequently usedin judicial practice. But the foreseeability rule in the field of tort law research startedlate, only clearly defined in the Common Law. With the rapid progress and economicdevelopment in the world, can be foreseeability rule to solve the superiority of theinfringement cases gradually reflected out This article is mainly in the area of tort law,the foreseeability rule related problems discussed.Foreseeability rule is important as a the causality judgment on the legal theory, isof great significance for determining tort liability, to determine the scope ofresponsibility, to limit the scope of damages. foreseeability rule of fuzzy, firstappeared in the United Kingdom, and gradually jurist in the United Kingdom and theUnited States have a clear definition of the theory, defined predictability of the scopeof the rule, and through some classic jurisprudence, predictability The content of therules and criteria can gradually build up. The theoretical basis of the predictability ofrules, mainly reflected in its relationship with the four aspects of the fair, free, orderlyand efficient, the judgment of causality is a problem, but also to determine the most important part of tort liability. The foreseeability rule makes the victim damages toreasonable compensation, while not overly responsibility of the person investigatedfor negligence, and reflects the values of fairness and justice. It is due to suchreasonable imputation, prompting people for the behavior of other people in thecommunity have reasonable trust, trust others within the range allowed by society ornot a certain behavior, and also makes it clear that the boundaries of their ownbehavior. Both to protect their own behavior within the framework of freedom, butalso strengthen the stability of the overall social order. It makes the people andeliminates wasted in futility on garbage time, to focus more on positive behaviorwithin the framework of the law.The article also uses a method of analysis of comparative jurisprudence analysisof foreseeability theory indirect expression reflects the foreseeability rule in thecommon law system, and civil law, and two of the most important from the civil lawdoctrine of causality determination-quite a causal relationship between two anglesand foreseeability theory in common, and in the last foreseeability theory embodiedin the Two Schools similarities summarized and regulatory purposes. Common at theintroduction of the foreseeability rule related theories do a good reference. Analysisof the necessity of introduction of the foreseeability rule of tort law causality judgments and standards causality criteria determined from the principal, damagesrange determines the standard three aspects, a detailed analysis and summary of thejudicial practice foreseeability rule specific application of a variety of situations.Given the foreseeability rule in the Common Law legal causality judgment onthe outstanding performance, as well as civil law in many countries for the gradualacceptance of foreseeability theory itself is not difficult to see the great superiority.Therefore, in specific cases, for some specific problems, combined with the conditionof our country have to use the analysis and processing of the foreseeability rule anddecision theory, which enrich and improve our tort causality.