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Explore Civil Legal Issues Of "E Hire Driving" Service

Posted on:2018-01-19Degree:MasterType:Thesis
Country:ChinaCandidate:R ChengFull Text:PDF
GTID:2336330512984114Subject:Law
Abstract/Summary:PDF Full Text Request
"E hire driving" APP,as a convenient phone software,is used to call for the driving service.The company of "E hire driving" will provide the customers' information for the designated driver used the customer's car.After arriving at the destination,designated drivers will get 80% remuneration,the other is for the company.It is convenient for people to use this new service,but it also bring some question in laws.Without legislation about this service,it hard to make same to the judicial decision.In "E hire driving" service,the legal relationship and taking responsibilities among the designated driver,company and customer become important part in the trial.This thesis will discuss legal issues of the "E hire driving" from the following three aspects:On the basis of full understanding the two typical cases,Give a brief introduce of labor disputes and traffic accident cases caused by the "E hire driving".After analyzing two typical cases,the key points of controversy on the "E hire driving" are as follows: what are the legal relationship among the designated driver,company and customer? How to take responsibilities for the traffic accident?Discussing the legal relationship between designated drivers and company,there are the doctrine of labor relation and the theory of employment relation about by other scholars.I raise that the "E hire driving" service is different from basic characteristics of them and they are an irregular employment relationship in essence.Depth discussion what is the irregular employment relationship? how to identify it and how to apply the law? Discussing the legal relationship between company and customers,There are the doctrine of entrusted relation and the theory of intercourse relation about "E hire driving" by other scholars.I raise that the service is different from them and they are contractual relationship in essence.This thesis analyze the responsibilities of different injured parties based on the laws and regulations: if designated drivers get injured,the company should pay the employees suffer liability.If customers get injured,the company should pay the employers' vicarious liability,the liability of breach of contract and the tort liability of third-party.If the third-party get injured,the company should pay a series of liabilities based the law.And the customer does not pay liability.Finally,a series of legal issues on the "E hire driving" will be given in the essay.It will provide some solutions in the real life.
Keywords/Search Tags:"E hire driving" service, Irregular employment relation, employers' vicarious liability
PDF Full Text Request
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