2014Journal of Nanchang UniversityRequires access

Logistic Joint and Several Liability and Technological Joint and Several Liability: The Proposal of a Couple of New Concept

Yang Hu

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Abstract

In multi-party tort,not only joint tort but also separate tort can cause joint and several liability. The former is logistic joint and several liability,and the latter is technological joint and several liability. The proposal of new concept distinguishing two types of joint and several liability could achieve the unification of value and logic of torts law. Technological joint and several liability is special in its thresholdwhich means that only tortfeasor whose fault and share of responsibility is enough to bear joint and several liability.

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What this paper is about

In multi-party tort,not only joint tort but also separate tort can cause joint and several liability. The former is logistic joint and several liability,and the latter is technological joint and several liability. The proposal of new concept distinguishing two types of joint and several liability could achieve the unification of value and logic of torts law. Technological joint and several liability is special in its thresholdwhich means that only tortfeasor whose fault and share of responsibility is enough to bear joint and several liability.

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Available abstract

In multi-party tort,not only joint tort but also separate tort can cause joint and several liability. The former is logistic joint and several liability,and the latter is technological joint and several liability. The proposal of new concept distinguishing two types of joint and several liability could achieve the unification of value and logic of torts law. Technological joint and several liability is special in its thresholdwhich means that only tortfeasor whose fault and share of responsibility is enough to bear joint and several liability.

Key concepts: Joint and several liability, Tort, Joint (building), Liability, Strict liability, Unification, Law and economics, Liability insurance

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