Friendship Behavior The Tort Liability It Caused

Friendship behavior refers to people in daily life to bring others convenience or benefits for the purpose of helping others or enhancing the friendship between the parties.Friendship behavior is not an act for their own economic purposes,but for the desire to help others,increase the social and emotional exchanges between people,and it is regulated by regulation of morality,customs and other social norms,which is different from the legal and factual behavior.However,when the perpetrator caused damage to other person or property in the process of implementation of friendship behavior,it will rise to the level of tort liability,the formation of friendship behavior caused by tort liability.Certainly,the tort liability caused by the act of friendship behavior is different from the general tort liability.Four conditions are needed to determine the tort liability caused by the act of friendship behavior,including that the behavior of the damage is illegal,friendship behavior has caused the damage consequence,there is a causal link between the behavior and the damage result,and the perpetrator has subjective fault.Once the behavior of the person in line with the parties agreed on the grounds of exemption or legal defense,even in accordance with the above four conditions,people do not need to assume tort liability.As regard to the responsibility assuming,we should fully consider its particularity,and analogy with the principle that obliger of nude contract assume limited liability for tort and the principle of fairness to reduce or exempt the responsibility of obliger.As regard to the tort liability of damages caused by friendship behavior,in view of the lack of relevant legislation,we should clear its nature in legislation,clear its imputation principles and elements,and determine its liability reduction or exemption rule.