2013Journal of Southwest Petroleum UniversityRequires access

A New Definition of Joint Tort

Hui Yang

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Abstract

A new theory ofsubjective objective liabilityshould be adapted in the definition of joint tort which takes both intentional joint tort and unintentional joint tort into consideration.Intentional joint tort means several tort feasors contact with each other on the possible damage caused by their infringement.The fault of these tort feasors is intentional or overconfident negligence,but not careless negligence.Unintentional joint tort means several tort feasors carry out one and the same tort together.The so called torts occur in the same place and at the same time,and the victim and damage are identical.Therefore this new theory is reasonable.

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What this paper is about

A new theory ofsubjective objective liabilityshould be adapted in the definition of joint tort which takes both intentional joint tort and unintentional joint tort into consideration.Intentional joint tort means several tort feasors contact with each other on the possible damage caused by their infringement.The fault of these tort feasors is intentional or overconfident negligence,but not careless negligence.Unintentional joint tort means several tort feasors carry out one and the same tort together.The so called torts occur in the same place and at the same time,and the victim and damage are identical.Therefore this new theory is reasonable.

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Available abstract

A new theory ofsubjective objective liabilityshould be adapted in the definition of joint tort which takes both intentional joint tort and unintentional joint tort into consideration.Intentional joint tort means several tort feasors contact with each other on the possible damage caused by their infringement.The fault of these tort feasors is intentional or overconfident negligence,but not careless negligence.Unintentional joint tort means several tort feasors carry out one and the same tort together.The so called torts occur in the same place and at the same time,and the victim and damage are identical.Therefore this new theory is reasonable.

Key concepts: Tort, Joint and several liability, Joint (building), Law and economics, Law, Political science, Economics, Engineering

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