2008•Journal of Anqing Teachers CollegeRequires access

Comparative of Theories on Negligence in Torts

Dan Zhang

Abstract

It is negligent of a person who fails to protect others from unreasonable injury according to a legal obligation.Recognition of negligence depends on whether a duty of care exists.The objective approach to the recognition of negligence is the mainstream in civil law system.In the construction of a legal frame on negligence in torts,we should deny the existing subjective approach to the judgment criteria of negligence,and establish the objective approach to the recognition of negligence.

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Key concepts: Obligation, Law, Contributory negligence, Duty, Res ipsa loquitur, Tort, Delict, Duty of care