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Research on the Principle of No-fault Liability in Maritime Tort Law

Wei Chen

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Abstract

As the general tort law,the fault liability and the no-fault liability are the basic doctrines of maritime tort law.Especially in maritime tort law,the loss made by the collision of ships is always huge and the burden of the liability is so complex that if the court applies the ordinary fault liability,the losser will not be adequately compensated.In this paper,the author focuses on the analysis of the definition,history and the reason of the no-fault liability in maritime tort law,and then does the comparison between these two doctrines,and at last draws the conclusion on how this no-fault liability can be applied in the maritime tort law.

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What this paper is about

As the general tort law,the fault liability and the no-fault liability are the basic doctrines of maritime tort law.Especially in maritime tort law,the loss made by the collision of ships is always huge and the burden of the liability is so complex that if the court applies the ordinary fault liability,the losser will not be adequately compensated.In this paper,the author focuses on the analysis of the definition,history and the reason of the no-fault liability in maritime tort law,and then does the comparison between these two doctrines,and at last draws the conclusion on how this no-fault liability can be applied in the maritime tort law.

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Available abstract

As the general tort law,the fault liability and the no-fault liability are the basic doctrines of maritime tort law.Especially in maritime tort law,the loss made by the collision of ships is always huge and the burden of the liability is so complex that if the court applies the ordinary fault liability,the losser will not be adequately compensated.In this paper,the author focuses on the analysis of the definition,history and the reason of the no-fault liability in maritime tort law,and then does the comparison between these two doctrines,and at last draws the conclusion on how this no-fault liability can be applied in the maritime tort law.

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

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