Research On Designated Driver For Drinker Contract

Designated driver for drinker is not only to protect people’s lives and property safety, but also conducive to reduce the probability of traffic accidents and maintain the normal order of the society. Therefore, the rise of designated driver for drinker has the necessity and rationality. Due to the lack of legislation in our country, the drunk driving is extremely easy to cause disputes and the disputes are also extremely difficult to solve. To protect the legitimate rights of each subject and to create a harmonious and stable environment in the market, this paper discusses the designated driver for drinker contract.As a new type of contract, the designated driver for drinker contract is controversial in the field of the subject qualification of the contract, the form and content of the contract, the legality of the contract and the contractual liability for breach of contract. This paper analyzes the designated driver for drinker contract from four aspects. In the part of subject qualification of the contract, this paper focus in the status of the driver’s market access and the contracting ability of intoxicated person. In the part of the form and content of the contract, the regulation of the standard clauses and the rights and obligations of the parties to the contract are the key point. Then on the basis of clear rights and obligations, the legal nature and legal application methods of the designated driver for drinker contract are determined, and the liability for breach of contract is analyzed. There are two innovations in the article:The first is the contracting ability of intoxicated person; the second is the legal nature of the designated driver for drinker contract. By referring to the foreign legislation and analyzing various theories, this paper eventually proposes that the people in a state of intoxication has the capacity of contracting the designated driver for drinker contract. In addition, the designated driver for drinker contract, different from any kind of famous contract, is a new type of independent unknown contract.This paper mainly adopts the methods of data analysis, comparative analysis, case analysis and comprehensive analysis. Firstly, referring to the domestic and foreign legislative provisions and typical cases, understanding the various theories; secondly, analyzing the domestic and foreign legislative provisions, studying the typical case; finally, comprehensively analyzing the problems and proposing feasible opinions.