Research On Tort Liability Caused By Friendship Behavior

Recently,the dispute caused by geffalligkeiten is quite common.It usually accompanied by serious damage results.The main types in the judicial practice of geffalligkeiten are goodwill pick-up and co-drinking behavior.Geffalligkeiten is a social relationship which is not legally binding.But liability for damages caused by geffalligkeiten is bound by law.Although such cases are relatively simple,there are still problems in the application of laws,and there are few in-depth descriptions of the tort liability assumed behind them.The first part of this paper start with a case,and on the basis of a summary,the focus of the application of the law is analyzed.In the second part,first of all,through comparative law research,academic analysis and judicial practice observation,we use subjective and objective criteria to define geffalligkeiten and distinguish the difference between it and legal behavior.So we can apply general tort liability to remedy it.On this basis,it should be evaluated for the infringement of the fault.Through citing the case in the judicial practice and related theory and using the predictable standards and reasonable person standard we can make a precise definition of duty of care of geffalligkeiten.Adding the judgment of causality tort liability is established.The third part of the article focuses on the application rules of tort liability.First,it excludes the application of fair share loss rule in judicial practice,and it has a wrong understanding of the fault of behaviors.Combined with relevant cases,it is concluded that the principle of negligence offset is applicable in most cases.Finally,the paper discusses the path selection of the reduced liability and legal basis.The author considers that the reduction of liability byimproving the standard imputation is not desirable.It should be considered between geffalligkeiten friendship relations.The liability deduction is on the basis of confirming the tort liability.The legal basis for reducing responsibility is the principle of fairness in the general principles of civil law other than the application by analogy of law on special free contracts.Because such cases are often accompanied by serious personal injuries,therefore the judge can not reduce the behavior’s responsibility for all cases.The reduction of responsibility should be applied with restriction.Combined with the specific circumstances of the case and the subjective faults the judge render a comprehensive judgment.The circumstances of intentional or negligent should not be reduced.