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Study On The Appliance Of Contributory Negligence In The Field Of Liability For Breach Of Contract

Posted on:2014-10-28Degree:MasterType:Thesis
Country:ChinaCandidate:L L GuFull Text:PDF
Abstract/Summary:PDF Full Text Request
Contributory negligence could have been the rule in the field of tort liability law.But there are many situations of the victim’s fault in the judicial practice, and thenthere is a problem whether the defaulter should be liable for breach of contract andwhether the rule of contributory negligence should be applicable in the field ofliability for breach of contract. The interpretation of the supreme People’s Court onissues concerning the application of law for the trial of cases of disputes over salescontract, which is hereby issued and shall come into force on July1,2012, seems toset the rule of contributory negligence clearly. It may matter whether the applicationof such rules is right or wrong in the background of our country’s imputation principlewhich adopt the strict liability as a principle and adopt the fault liability as anexception. This thesis focus on the applicability of contributory negligence in the fieldof liability for breach of contract and is divided into three parts.The first section introduces the concept and constitutive requirement ofcontributory negligence, contributory responsibility and the rule of mitigation. Thenthe author compares between contributory negligence and other concepts in order tosort out the concept of contributory negligence.The second section analyzes the principle of attribution of Civil law, Commonlaw. At the same time,the author analyzes the cause of the principle of attribution by comparing. On this basis, the author elaborates the origins and developments ofcontributory negligence in two big legal systems.The third section, at first, the author analyzes the basis of legal theory, whichdecides the principle of attribution of our country. But there is a problem: whether therule of contributory negligence should be applicable in the field of liability for breachof contract by the interpretation of the entry into force of precedents. The authorbelieves that the rule of contributory responsibility should be applicable in the field ofliability for breach of contract instead of contributory negligence.
Keywords/Search Tags:contributory negligence, principle of attribution, contributory responsibility
PDF Full Text Request
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