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Thinking About Infringement And Breach Of Contract Liability Arising From A Passenger Transportation Contract

Posted on:2018-02-03Degree:MasterType:Thesis
Country:ChinaCandidate:J C ZhuFull Text:PDF
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The concurrent liability issue of liability for breach of contract and tort responsibility has been troubling judicial practice in our country.If we see both separately,whether it is to choose breach of contract or infringement proceedings,from the point of view of the case,as long as there is conclusive evidence and applied law,the case will not be difficult to hear the trial.But when a case can be prosecuted for breach of contract or tort responsibility,how to choose the most conducive litigation season to victim has become a new issue in front of us.This paper analyzes the advantages and disadvantages of prosecution in different angles from the case of passenger contract as starting point,and mainly uses comparative analysis method,expects to put forward their own constructive opinions for concurrent liability of two responsibilities.The first part starts with a passenger transport contract case that the author dealt with in practice,which leads to three other questions that are similar to the case: when a case is in lawsuit because of breach of contract,whether the case is prosecuted with tort responsibility,What is advantages and disadvantages of the two kinds of liability prosecution;what is the difference between two decisions?The second part is overview of liability for breach of contract and tort responsibility,from historical point of view,it reviews their respective development history respectively,introduces the reasons of concurrent liability of liability for breach of contract and tort responsibility and introduces the specific way of competing with and doctrine.The third part introduces the difference and status of concurrent liability between liability for breach of contract and tort responsibility.The difference is that doctrine of liability fixation of liability for breach of contract is principle of non-fault liability as main role,fault liability principle and fault presumption responsibility principle as subsidiary role.The doctrine of liability fixation of liability for tort responsibility is the principle of fault liability as main role,principle of liability for fault calculated,principle of non-fault liability and principle of fair responsibility as subsidiary role.The fourth part is the focus of the paper,the author combines with the case to specifically discuss concurrent liability issue in the passenger transport contract from the perspective of breach of contract and infringement point of view,summarizes advantages and disadvantages of prosecution with liability for breach of contract or tort responsibility against the plaintiff.The fifth part discusses limit of concurrent liability issue of breach of contract liability and tort responsibility,defects and offset of concurrent liability system.
Keywords/Search Tags:Liability for breach of contract, Tort responsibility, Concurrent liability
PDF Full Text Request
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