Study On The Force Majeure As A Defense In Tort Law

The article 29 in chapter three of The Tort Law of the People's Republic of China determines that the force majeure is the defense of The Tort Law under the situation that responsibility is not assumed or reduced.The connotation of the force majeure is uncertain,so the judgment of force majeure should be combined with the specific case,and the natural event is unforeseeable,unavoidable and not be overcome.At the same time,when judging the key component,we can consider the ability of foresight,the possibility of damage,the damage of expansion,the frequency and interval of the events and so on.Owing to the difference between the principle of imputation and elements of liability,force majeure can not be used as an excuse for the defense of the liability without fault."Except as otherwise provided by law" in article 29 of the Tort Law should be negative.By eliminating fault elements and interrupting causality,force majeure in the field of tort can make the tort liability is not established so as to result in the legal effect of exempting all responsibilities.When other natural factors that are not force majeure get involved,the responsibility of tortfeasor can be reduced by considering his fault and causal potency.