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Research Of Civil Liability Of Campus Tort

Posted on:2015-07-02Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y HuFull Text:PDF
GTID:2296330428998476Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years, the campus injury cases occur frequently, making the original orderlycampus full of discordant notes, and teaching order has also been seriously affected. Weneed to determine school’s responsibility and duty of the school for a solution of thesimilar cases. The introduction describes the main value of the "Tort Liability Act" and thejudgment basis of the cases such as “Student Injury Treatment” before the "Tort LiabilityAct" is implemented. This article is divided into four parts: The first part introduces thebasic case and the relevant questions, such as how to determine the responsibility principleof schools, how to identify the fault of the school, and whether the school could obtain themoney from a third party and so on. The second part describes the "Tort Liability Act "stipulates38-40from the perspective of interpretation theory, and analyzes their rationalityand problems of the principle of attribution. According to the school ’s general duty of careand the security obligations, The third part tells that campus tort should be analyzedfrom three aspectsc, such as injuries among students, the damage directly caused by schoolor teacher’s inappropriate behavior and the damage from the infringement of a third party,and this part discusses the elements of tort liability in detail, inculding the damage of thestudents, the school’s fault, causality between violations of the school and the damage ofthe students. The fourth part discusses the campus tort liability exemptions, includingvictims’ fault, the fault of a third person, accidents, willing to take risks, combined withrelevant judgments.
Keywords/Search Tags:campus tort, duty of care, the type of analysis, liability exemptions
PDF Full Text Request
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