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The Judicial Cognizance Of Un-internuncial Joint Torts

Posted on:2016-05-01Degree:MasterType:Thesis
Country:ChinaCandidate:Y WangFull Text:PDF
GTID:2296330461960890Subject:Law
Abstract/Summary:PDF Full Text Request
People’s cooperation in the production and life is a normal social phenomenon, which increases the possibilities of un-internuncial joint torts.However, the un-internuncial joint torts create a brand new way to doctrine of liability fixation. This paper chooses a compensation dispute, in which the plaintiff Chen sues defendants C Electric Appliance Company Limited, W County Electric Power Company and Yang. The focus of the controversy lies in whether the three defendants shall bear the liability for damages. If the answer is yes, then the focus is how to delimit the liability for compensation? As the case happened before 2009, in which year the Tort Law was enacted, the judicial interpretation employed the “direct combination” and “indirect combination”standard to delimit responsibility. However, the standard is too vague to operate in the judicial practice.The paper holds that, in an un-internuncial joint case, the proportional duty shall be taken as the primary criterion of delimiting responsibility, and the comprehensive analysis of the causality between every infringement act and the undetachable damage shall also be taken into account. In this case, the defendants C Electric Appliance Company Limited, W County Electric Power Company and Yang have no joint fault, but objectively their separate infringement act lead to a same damage. W County People’s Court judges that the case is a separate tort and C Electric Appliance Company Limited shall undertake alone the liability for damages. Wang Cang County People’s Court makes an inadequate judgment with inappropriate verdict of the form of tort liability, liability assignment and legal ground.
Keywords/Search Tags:Un-internuncial joint torts, Legal constitution, Liability assignment, Judicial cognizance
PDF Full Text Request
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