The Application Of Principle Of Equitable Liability In Tort Cases

The purpose of this essay is to acknowledge the principle of equitable liability as animputation in Tort Law, then to analyze and improve its application in legal practice.In order to do so, the author collected legal cases, which applied the principle ofequitable liability in the recent years, studied its categorization, judged its right or wrong,and gave useful suggestions. It is worthwhile reading as it helped a lot in achievingfairness and justice in the practice of law.The essential of the principle of equitable liability is when the parties both have nofault for the severe damage caused, the judge could put burden on the causation partybecause of the specialites of the case so as to balance the interest loss.In Chapter One, the author introduced the concept of principle of equitable liability,providing the basis for further studying. Then, the author indicated its performance inprovisions. Through the textual research on its history, readers could easily understanddifferences of imputation theory between common law system and civil law system. Itsfunction explained its importance. Moreover, its application in legal cases is self-evidentas a necessity for imputation system in Chinese Tort Liability Law.In Chapter Two, the author summerized its situation in jurisdiction by the way of casecategorization. Then the author concluded its point in dispute. It is necessary for readers tolearn for understanding the meaning of this article.The final chapter is about how to improve its application. The analysis was also madefrom two aspects of jurisdiction and legislation. The necessities for establishing the burdenwere all carefully analyszed.In this essay, real cases has always been put emphasis on. The application of theprinciple of equitable liability illustrates its signification by itself.