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2013•Journal of Shanghai Business SchoolRequires access

Connotation of Elements in Tort Liability

Duan Baomei

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Abstract

The theory of elements in tort liability forms the basic issue of the tort liability law.It has been discussed in the academic world for a long time and there are so many different views and theories.Based on the study and analysis of the present theory system of elements in tort liability , this paper maintains that the viewpoint of the ' Four-elements' is more accurate.The paper also explores relevant issues such as the damages of mental distress , the determination and assessment of the legal persons faulty.

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The theory of elements in tort liability forms the basic issue of the tort liability law.It has been discussed in the academic world for a long time and there are so many different views and theories.Based on the study and analysis of the present theory system of elements in tort liability , this paper maintains that the viewpoint of the ' Four-elements' is more accurate.The paper also explores relevant issues such as the damages of mental distress , the determination and assessment of the legal persons faulty.

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Available abstract

The theory of elements in tort liability forms the basic issue of the tort liability law.It has been discussed in the academic world for a long time and there are so many different views and theories.Based on the study and analysis of the present theory system of elements in tort liability , this paper maintains that the viewpoint of the ' Four-elements' is more accurate.The paper also explores relevant issues such as the damages of mental distress , the determination and assessment of the legal persons faulty.

Key concepts: Tort, Connotation, Liability, Damages, Legal liability, Joint and several liability, Strict liability, Law and economics

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