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The Expansion And Restrictions Of Supplementary Liability In Tort Law

Posted on:2016-01-03Degree:MasterType:Thesis
Country:ChinaCandidate:H M ShiFull Text:PDF
GTID:2296330464950228Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
In tort law, Tort Liability Form is a basic concept,and it answers the question who will bear tort liability and how to bear the liability. One classification of Tort Liability Form is sole responsibilities and joint liability. Joint liability means that liability is shared by two or more parties. The dominant view holds that joint liability can be divided into four categories, including several liability, joint and several liability,none-really-joint and several liability and supplementary liability. Above all, we can see supplementary liability is classified as an independent and new liability form parallel with the former three responsibilities. However, some scholars do not agree with this view. Therefore, different understanding of the connotation and denotation of supplementary liability leads to disputes of the scope of supplementary liability. In response to these disputes, the author reviews the development process and current situation of domestic supplementary liability theory, legislative and judicial practice,compares with foreign doctrine, legislative and judicial practice of supplementary liability and gives a clear and further definition of supplementary liability.In this paper, the author is from the perspective of the expansion and restrictions of the scope of supplementary liability,takes comparative analysis methods,case analysis methods and historical research methods and finally concludes the author’s opinion.
Keywords/Search Tags:supplementary liability, independence, duty of care, expansion, restrictions, causality
PDF Full Text Request
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