Font Size: a A A

The Research Of The Tort Ability Between The Co-Drinkers

Posted on:2016-04-14Degree:MasterType:Thesis
Country:ChinaCandidate:T ZhangFull Text:PDF
GTID:2336330503494848Subject:Law
Abstract/Summary:PDF Full Text Request
With the improvement of living standards and the traditional liquor culture, it becomes regular to entertain guests and have parties. And it is necessary to share drinking during such situations. In recent years, a number of disputes of personal injury have arisen over sharing drinking.Intoxication sometimes causes physical harm, or leads to accidents, or cause casualties for drunken driving. Due to the silence of corresponding regulations, the verdicts are largely rendered in the discretion of judgers. So there are various verdicts for similar cases. This essay will analyze the injure cases resulting from drinking together in judicial practice and point the theoretical basis and the shortages in law implication, then put my opinions and suggestions.This essay will unfold in the following chapters.Firstly, this essay will give samples of different verdicts regarding to the similar injured case of co-drinker and give samples of different legal consequence regarding to the different behaving of drinking and find the key points of such cases and make a contrastive analysis of various cases.Secondly, it will outline the torts liability the co–drinkers should take for other drinkers, and set forth the legal attributes, the jurisprudential foundations of the liability of the co–drinkers, and analyze under what circumstances should the co–drinkers take responsibility for other drinker.Thirdly, it will make a conclusion of the corresponding legislation and practice of tort liability the co–drinkers should take for other drinkers,and summarize the current laws and regulations and point out the shortages in legislation and judicatory.Finally, it will propose some suggestions for improvement the tort liability the co–drinkers should take and research and absorb the interrelated foreign theories and propose some suggestions of the parties may concerned and the exception of the torts liability.
Keywords/Search Tags:co-drinking, friendship-bahavior, duty of care, tort liability
PDF Full Text Request
Related items