2006•Journal of Jiangsu UniversityRequires access

The Evolution of Tort Act Imputation Principle

Lou Zheng-qian

Open publisher page 0 citations

Abstract

The development history of the laws for the tort act is somewhat the evolution history of imputation principle.In the early society,result liability principle was applied in order to maintain order.As moral principle was advocated,fault liability principle was adopted in the civil law for torts.Fault liability and no-fault liability have to be combined with each other as a result of rapid development of industry and technology.Nowadays,due to the decline in people′s moral accomplishment and the pursuit of economic interests,the system of negligence offset must be considered that the inflictor and his victim should shoulder their respective responsibilities according to the degree of fault,the cause of damage and so on.As to the serial legal cases of compensation of personal injury of electric shock,power supply enterprises should bear no-fault liability first,on the basis of which the victim should be commensurately liable according to the degree of fault in the course of personal injury.

About this research paper

What this paper is about

The development history of the laws for the tort act is somewhat the evolution history of imputation principle.In the early society,result liability principle was applied in order to maintain order.As moral principle was advocated,fault liability principle was adopted in the civil law for torts.Fault liability and no-fault liability have to be combined with each other as a result of rapid development of industry and technology.Nowadays,due to the decline in people′s moral accomplishment and the pursuit of economic interests,the system of negligence offset must be considered that the inflictor and his victim should shoulder their respective responsibilities according to the degree of fault,the cause of damage and so on.As to the serial legal cases of compensation of personal injury of electric shock,power supply enterprises should bear no-fault liability first,on the basis of which the victim should be commensurately liable according to the degree of fault in the course of personal injury.

Why it matters

A significance statement is not available in the OpenAlex record.

Key contribution

A contribution statement is not available in the OpenAlex record.

Method / approach

Method details are not available in the OpenAlex metadata.

Main findings

Findings are not separately available in the OpenAlex metadata.

Limitations

Limitations are not available in the OpenAlex metadata.

Applications

Application details are not available in the OpenAlex metadata.

Available abstract

The development history of the laws for the tort act is somewhat the evolution history of imputation principle.In the early society,result liability principle was applied in order to maintain order.As moral principle was advocated,fault liability principle was adopted in the civil law for torts.Fault liability and no-fault liability have to be combined with each other as a result of rapid development of industry and technology.Nowadays,due to the decline in people′s moral accomplishment and the pursuit of economic interests,the system of negligence offset must be considered that the inflictor and his victim should shoulder their respective responsibilities according to the degree of fault,the cause of damage and so on.As to the serial legal cases of compensation of personal injury of electric shock,power supply enterprises should bear no-fault liability first,on the basis of which the victim should be commensurately liable according to the degree of fault in the course of personal injury.

Key concepts: Tort, Strict liability, Liability, Personal injury, Legal liability, Law, Delict, Business

Related papers

Back to paper searchBrowse research topicsOriginal source
The Evolution of Tort Act Imputation Principle — Research Paper | ScholarLens