Research Of Liability For Nonfeasance

According to the legal theoretical community, liability for nonfeasance is theadverse legal consequences for the omission or failure by a person or public body todo something which that person or public body has agreed or is otherwise liable to do.However, the definition of liability for nonfeasance in legal practices is ratherdisordered while the civil law of China lacks for systematic rules for liability fornonfeasance. Thus, improvement liability for nonfeasance requires a comprehensiveunderstanding of liability for nonfeasance.As an exception of the general tort liability principle—no libility without conduct,liability for nonfeasance has its own conception, characteristics, constitutiverequirements etc. The key point to define liability for nonfeasance is to make clear theact duty. This dissertation aims at make a study of found, origin, types of act duty,thus to have a more comprehensive, thorough understanding for liability fornonfeasance and to provide new solution to liability for nonfeasance rules in legalpractices.The first chapter of this article mainly introduces the basic principle, origins anddevelopment of liability for nonfeasance, thus to make a solid foundation for furtherstudy. The second chapter focuses to discuss the premise of liability fornonfeasance—the act duty, which is the pivot of this article. The discussion includesthe limitation, origins and types of the act duty. In the third chapter, the author firstintroduces the performance criteria of act duty both in continental and common lawcountries, and then analyzes performance criteria of act duty of our countries bygiving several nonfeasance cases. As a special tort action, nonfeasance shall also haveunique standards for liability, grounds of relief and grounds of diminution etc. Thefourth chapter tell the differences between liability for nonfeasance and general liability for tort. And give some suggestions to improve the legislation of liability fornonfeasance in three aspects.