2012Journal of Jianghan UniversityRequires access

On Standard of Liability Without Fault in the Legislation of Tort Liability Law

Yidi Wu, Fang Li-wei

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Abstract

The interpretation of Seventh Clause of Tort Liability Law on without fault is: When actor offends other's civilian's right,whether the actor is with or without fault,law putting forward to bearing tortuous shall prevail. Some people consider that the interpretation not only reflects connotation of without fault,but also solves the dilemma in understanding liability without fault,and problems of constructing elements of principle about without fault.The product in the fifth Provision,liability of environment pollution in the eighth provision,highly dangerous in the ninth provision and the damage caused by raising animals stimulated by Tort Liability Law are suitable in using special tort of without fault.

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What this paper is about

The interpretation of Seventh Clause of Tort Liability Law on without fault is: When actor offends other's civilian's right,whether the actor is with or without fault,law putting forward to bearing tortuous shall prevail. Some people consider that the interpretation not only reflects connotation of without fault,but also solves the dilemma in understanding liability without fault,and problems of constructing elements of principle about without fault.The product in the fifth Provision,liability of environment pollution in the eighth provision,highly dangerous in the ninth provision and the damage caused by raising animals stimulated by Tort Liability Law are suitable in using special tort of without fault.

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Available abstract

The interpretation of Seventh Clause of Tort Liability Law on without fault is: When actor offends other's civilian's right,whether the actor is with or without fault,law putting forward to bearing tortuous shall prevail. Some people consider that the interpretation not only reflects connotation of without fault,but also solves the dilemma in understanding liability without fault,and problems of constructing elements of principle about without fault.The product in the fifth Provision,liability of environment pollution in the eighth provision,highly dangerous in the ninth provision and the damage caused by raising animals stimulated by Tort Liability Law are suitable in using special tort of without fault.

Key concepts: Tort, Strict liability, Delict, Law, Liability, Legal liability, Joint and several liability, Fault (geology)

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