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Discussion About Contributory Negligence In Tort Law

Posted on:2014-07-11Degree:MasterType:Thesis
Country:ChinaCandidate:S Y LiFull Text:PDF
GTID:2256330401478141Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Contributory negligence exsits in many countries. The institution originated inRoman law. The development of the institution also reflects the requirement of lawfor more delicate law. The thesis has four parts.The first part is abou theoretical basisof contributory negligence. Most thesis contribute it to fairness and justice. Althoughthis view is right, it can’t contribute to the application of law. This paper wants todiscover theoretical basis of contributory negligence and use it to guide itsapplication. In the first chapter, Author sets out several views about contributorynegligence theoretical basis and comment on these views. At last Author think thatimputability is a good conception for contributory negligence. This conception canexplain structure of contributory negligence better and expand application ofcontributory negligence.The second chapter is about the necessary elements ofcontributory negligence.The necessary elements contain four parts: the fault ofvictim, causation between the conduct of victim and expansion and occurrence of thedamage, the conduct of victim is improper, victim have the capability of contributorynegligence. In this chapter, author make the necessary elements more delicateaccording to precedents. The third chapter disucss the injured party ‘s fault ofconduct. Although our <tort law>don’t state how to solve this problem, it is animportant problem in society. To help judge make a better judgement and unify the judgement, author classify several type for this problem. Author analyze thisproblem by value judgement and systematic interpretation. The fourth chapterdiscuss the way of application of contributory negligence. How to applicate theinstitution is very important for judicial practice. Author compare three ways ofapplication of contributory negligence.At last, author agree on the view ofcomparison of force of the reasons.
Keywords/Search Tags:Comparison of imputability, Symmetricalstructure, improper, comparison of force of the reasons
PDF Full Text Request
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