2012•Journal of Central South University(Social Science)Requires access

On the elements of liability for negligence in contracting

WU Yi-ping

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Abstract

Since Jhering created theory of Culpa,the academic controversy has been continued,leading to judicial practice unified.The liability for negligence,including contracts,is civil liability of one party of a contract who breaches pre-contractual obligations for some attributable reasons,resulting in damages of other party.Its constituents generally include following four aspects:one party breaches pre-contractual obligations,the one party has his or her attributable reasons,the other party suffered losses,between later two there exist causal relationships.When we analyze requirements of Culpa,however,we should not only comply with the essence of doctrine of Jhering,but also reflect features of The Times of economic and social development,especially,and give it new connotation.

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What this paper is about

Since Jhering created theory of Culpa,the academic controversy has been continued,leading to judicial practice unified.The liability for negligence,including contracts,is civil liability of one party of a contract who breaches pre-contractual obligations for some attributable reasons,resulting in damages of other party.Its constituents generally include following four aspects:one party breaches pre-contractual obligations,the one party has his or her attributable reasons,the other party suffered losses,between later two there exist causal relationships.When we analyze requirements of Culpa,however,we should not only comply with the essence of doctrine of Jhering,but also reflect features of The Times of economic and social development,especially,and give it new connotation.

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Available abstract

Since Jhering created theory of Culpa,the academic controversy has been continued,leading to judicial practice unified.The liability for negligence,including contracts,is civil liability of one party of a contract who breaches pre-contractual obligations for some attributable reasons,resulting in damages of other party.Its constituents generally include following four aspects:one party breaches pre-contractual obligations,the one party has his or her attributable reasons,the other party suffered losses,between later two there exist causal relationships.When we analyze requirements of Culpa,however,we should not only comply with the essence of doctrine of Jhering,but also reflect features of The Times of economic and social development,especially,and give it new connotation.

Key concepts: Liability, Damages, Doctrine, Connotation, Tort, Law, Legal liability, Business

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