On The Internal Liability Apportionment Of The Multi-tort With Several Causes And One Effect

The multi-party tort with several causes and one effect refers to the multi-party tort that does not belong to the generalized joint tort. This paper is aimed at solving the problem of the internal liability apportionment of the multi-party tort with several causes and one effect. In other words, this paper is aimed at solving the problem of determining the liability share of every tortfeasor. There are no clear legislative provisions about the issue. In judicial practice and academic theory field, the way to compare both fault and causative potency is more likely to be adopted. Though causative potency is the necessary concerning factor of the internal apportionment of tort liability, the degree of every tortfeasor's fault should not influence the internal liability apportionment of the multi-party tort with several causes and one effect because the multi-party tort with several causes and one effect is the multi-party tort that is combined into by several separate torts on the basis of the existence of the same damage.In addition to the introduction, this paper is divided into five parts:The first part is about the extension of the multi-party tort with several causes and one effect. In this part, the connotation is stated firstly. Then the extension is explored. This paper emphasizes the particularity of the rule of the internal liability apportionment of the multi-party tort with several causes and one effect, so it is necessary to make sure what specific kind of multi-party torts belongs to the multi-party tort with several causes and one effect to ensure that the rules of internal liability apportionment are applied reasonably. In the Tort Liability Law, Article 8 to 12 have built the system of multi-party torts which includes the multi-party tort with one cause and one effect and the multi-party tort with several causes and one effect. In fact, the determination of the extension of the multi-party tort with several causes depends on the determination of the extension of the multi-party tort with one cause and one effect which includes joint tort and the quasi joint tort.The second part is about the evolution and defect of the theory of the internal liability apportionment of the multi-party tort with several causes and one effect. To solve the problem who should take the loss thoroughly in the multi-party tort with several causes and one effect, the liability share of every tortfeasor must be determined. In this part, the evolution of the theory of the internal liability apportionment of the multi-party tort with several causes and one effect is explored. The issue of the internal liability apportionment of the multi-party tort with several causes and one effect has been included in the issue of the liability apportionment of torts with a complex causation. It leads to the neglect of the particularity of the tortuous act of the multi-party tort with several causes and one effect which is the defect of the traditional theory.The third part asserts that fault shouldn't be regarded as a concerning factor of the internal liability apportionment of the multi-party tort with several causes and one effect. Basically, fault is a state of mind that should be condemned. As the subjective element of imputation, fault influences the determining and allocating of tort liability. Regardless of the degree of fault, in the multi-party tort with several causes and one effect which is more like a collection of separate torts, every tortfeasor's fault only dominates his or her own conduct and have no influence in other's conducts and states of mind. They should only compensate the loss which is caused by their own conducts dominated by their own minds. There are some irrationality if fault is regarded as the concerning factor of the internal liability apportionment of the multi-party tort with several causes and one effect.The fourth part asserts that causative potency should be regarded as a necessary concerning factor of the internal liability apportionment of the multi-party tort with several causes and one effect. In this part, to explore the nature of causative potency and the link and differences between causative potency and causation the fundamental theory of causative potency is introduced firstly. The root cause why causative potency should be regarded as the concerning factor of the internal liability apportionment of the multi-party tort with several causes and one effect is that the causation between illegal activities and damages is an essential element of the determination of torts. On the basic of the link between causative potency and causation and the characteristics of causative potency, in the multi-party tort with several causes and one effect, causative potency can take place of causation and make up for the defect of causation.The fifth part draws the conclusion. To determine the liability share of every tortfeasor and solve the problem of the internal liability apportionment of the multi-party tort with several causes and one effect, the damages should be divided abstractly according to the percentage of the causative potency of every tort in the causative potency of all the torts.