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An Analysis On The Tort Case Of You Sues Wang And Bridge Center

Posted on:2015-01-24Degree:MasterType:Thesis
Country:ChinaCandidate:M H ZhouFull Text:PDF
GTID:2296330431456243Subject:Law
Abstract/Summary:PDF Full Text Request
Joint tort act is an more complex issues of the Tort Law theory,due to differences in understanding of the theory,different times,different social patterns,its provisions are not the same.Whether the behavior are joint tort act,referred to the legal relationship disposition between different subjects.The case of Wang and Bridge Center, caused a lot of disputes.There is a representative of how to solve the disputes.For example, whether the act of Wang and Bridge Center belongs to joint tort or whether they must have to be responsible for their acts.According to the brass tacks and the essential attributes,First of all, to the qualitative nature of the behavior to the case problem, combined with the case facts and the different opinions about the case, Wang and Bridge Center’s behavior belong to without meaning to contact respectively tort, its behavior looked closely and inseparable, but essentially, Wang and Bridge Center’s fault is negligence,independent act is not enough to cause some damage, so should not belong to the joint tort. Second, Wang and Bridge Center caused a damage to the offender, in the case of the nature of its behavior to be recognized, analysis can be concluded that Wang and Bridge Center by divisible responsibilities.Wang’s responsibility to consider the behavior of the subjective fault of negligence, and be kind invitation especially one with a mean no harm, and the formation of objectively damage is beyond the Wang outside the scope of control.Bridge center is the guilty party, the presence of sand deposited in the behavior obviously violates the rules of the tort liability act, there is a clear fault, but from the point of the case facts, the occurrence of harmful consequences and the responsibility of the Bridge Center;Finally, the victim You has a fault if there is a corresponding need to assume responsibility.Combined with the analysis of the case facts, especially one in his own subjective existence neglect of his own life and health, although the damage caused by the victim can control, but the time is late, take a certain dangerous means of transport, especially one should consider, corresponding to its own security should be liable for corresponding attention.
Keywords/Search Tags:Joint tort, Mental connection, Tort liability, Liability on share, Contributory Negligence
PDF Full Text Request
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