2011Commercial ResearchRequires access

Principles of Liability in Tort Liability System

Meng Xu

Open publisher page 0 citations

Abstract

The principle of liability in tort liability law functions as the premise and standard in establishing the civil liability of a tort person and the guiding law-making principle in exemplifying other regulations in tort law system.The key issues concerned are the fundamental problems about ethics and justice.The pluralism liability principle presents itself with more reason and logic compared with other liability principles.The newly released Tort Liability Law adopted dualism in its liability principle,composed by only fault-liability and no-fault-liability.This paper argues that our tort liability law should adopt a liability system with fault-liability and no-fault-liability as base and principle,and fairness principle as its complement.

About this research paper

What this paper is about

The principle of liability in tort liability law functions as the premise and standard in establishing the civil liability of a tort person and the guiding law-making principle in exemplifying other regulations in tort law system.The key issues concerned are the fundamental problems about ethics and justice.The pluralism liability principle presents itself with more reason and logic compared with other liability principles.The newly released Tort Liability Law adopted dualism in its liability principle,composed by only fault-liability and no-fault-liability.This paper argues that our tort liability law should adopt a liability system with fault-liability and no-fault-liability as base and principle,and fairness principle as its complement.

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 principle of liability in tort liability law functions as the premise and standard in establishing the civil liability of a tort person and the guiding law-making principle in exemplifying other regulations in tort law system.The key issues concerned are the fundamental problems about ethics and justice.The pluralism liability principle presents itself with more reason and logic compared with other liability principles.The newly released Tort Liability Law adopted dualism in its liability principle,composed by only fault-liability and no-fault-liability.This paper argues that our tort liability law should adopt a liability system with fault-liability and no-fault-liability as base and principle,and fairness principle as its complement.

Key concepts: Strict liability, Tort, Delict, Legal liability, Liability, Liability insurance, Joint and several liability, Law

Related papers

Back to paper searchBrowse research topicsOriginal source
Principles of Liability in Tort Liability System — Research Paper | ScholarLens