2014•Unpublished venueRequires access

On the Forms of Complex Causations of Environmental Multi-tortfeasor and their tort liability

Cheng Lai Xia

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Abstract

The forms of complex causation of environmental multi-tortfeasor could be divided into four types,as common causation,concurrent causation,cumulative causation and alternative causation. In CTLL( China Tort Liability Law),Article10- 12 stipulate joint dangerous act and several concurrent tortfeaors,which including the four aboved forms of complex causation. Although Article 66 of CTLL provides that the presumption of causation should be applied in tort liability of environmental pollution,it does not mean that the Article 12 of CTLL has been excluded. Since in China law joint dangerous act can only be applied in the circumstance that specific tortfeasor cannot be determined,alternative causation rarely occurs in environmental pollution cases.

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The forms of complex causation of environmental multi-tortfeasor could be divided into four types,as common causation,concurrent causation,cumulative causation and alternative causation. In CTLL( China Tort Liability Law),Article10- 12 stipulate joint dangerous act and several concurrent tortfeaors,which including the four aboved forms of complex causation. Although Article 66 of CTLL provides that the presumption of causation should be applied in tort liability of environmental pollution,it does not mean that the Article 12 of CTLL has been excluded. Since in China law joint dangerous act can only be applied in the circumstance that specific tortfeasor cannot be determined,alternative causation rarely occurs in environmental pollution cases.

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Available abstract

The forms of complex causation of environmental multi-tortfeasor could be divided into four types,as common causation,concurrent causation,cumulative causation and alternative causation. In CTLL( China Tort Liability Law),Article10- 12 stipulate joint dangerous act and several concurrent tortfeaors,which including the four aboved forms of complex causation. Although Article 66 of CTLL provides that the presumption of causation should be applied in tort liability of environmental pollution,it does not mean that the Article 12 of CTLL has been excluded. Since in China law joint dangerous act can only be applied in the circumstance that specific tortfeasor cannot be determined,alternative causation rarely occurs in environmental pollution cases.

Key concepts: Causation, Tort, Liability, Joint and several liability, Presumption, Law and economics, Economics, Law

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