Fault responsibility or strict responsibility——Doubt on the principle of imputation in contract law
LI Tian-di
Abstract
LI Tian-di
Abstract
There are two kinds of responsibilities in contract law----liability for breach of contract and culpa in cortrahendo. Therefore,it's impossible that there is only one principle of imputation in contract law. Meanwhile, in the liability for breach of contract,whether fault or strict responsibility is adopted shall depend on concrete conditions. This embodies different value orientations. The principle of force majeure and changed circumstances is an embodiment of fair liability thoughts in the contract field.
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There are two kinds of responsibilities in contract law----liability for breach of contract and culpa in cortrahendo. Therefore,it's impossible that there is only one principle of imputation in contract law. Meanwhile, in the liability for breach of contract,whether fault or strict responsibility is adopted shall depend on concrete conditions. This embodies different value orientations. The principle of force majeure and changed circumstances is an embodiment of fair liability thoughts in the contract field.
Key concepts: Force majeure, Liability, Imputation (statistics), Strict liability, Breach of contract, Delict, Law, Exclusion clause