A Probe into the Benefit Balance of Tort Liability Caused by Throwing Objects from the Building under the Tort Liability Act
Qiao Hai-lian
Abstract
Qiao Hai-lian
Abstract
Throwing objects from the building when the inflictor is uncertain is a problem in our country’s judiciary.Article 87of the Tort Liability Act seems to solve the problem in a sense.Referring to the relevant legislative cases at home and abroad,and considering the practical and legal culture in China’s national conditions and traditions and parties’benefit balance,it’s appropriate to make the property users assume liability in proportion.
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Throwing objects from the building when the inflictor is uncertain is a problem in our country’s judiciary.Article 87of the Tort Liability Act seems to solve the problem in a sense.Referring to the relevant legislative cases at home and abroad,and considering the practical and legal culture in China’s national conditions and traditions and parties’benefit balance,it’s appropriate to make the property users assume liability in proportion.
Key concepts: Tort, Liability, Balance (ability), Strict liability, Legislature, Business, Law and economics, Joint and several liability