A New Theory of Equitable Liability
Baohong Zhang
Abstract
Baohong Zhang
Abstract
Equitable liability,a principle of culpability,can per se apply separately to make up for the deficiency of fault principle and no-fault principle,which justifies its existence.The value and logic origin of equitable liability is the same as that of other principles of culpability.Fairness is deemed as the principle's value,direct injury as the base of culpability and as the last resort to determine the amount of damages paid by the wrongdoer.Thus,so called equity is based on the determination of the amount of damages rather than the establishment of liability.
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Equitable liability,a principle of culpability,can per se apply separately to make up for the deficiency of fault principle and no-fault principle,which justifies its existence.The value and logic origin of equitable liability is the same as that of other principles of culpability.Fairness is deemed as the principle's value,direct injury as the base of culpability and as the last resort to determine the amount of damages paid by the wrongdoer.Thus,so called equity is based on the determination of the amount of damages rather than the establishment of liability.
Key concepts: Culpability, Damages, Liability, Equity (law), Strict liability, Law and economics, Law, Value (mathematics)