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2003•Unpublished venueRequires access

Analysis of the Liability for Fault in Making Contract

Xiaoqiu Yang

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Abstract

The misfeasance in making contract is the mean issue for discussion from the beginning Roman law. As for its main content, different countries as well as districts regulates differently, which concludes general two phases: one is type of the liability; the other is the effect of law. The relation between the liability for breach of faith and liability for tort should be cleared to judge the liability for fault, because the act of tort is the base for the law of liability for fault in making contract.

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What this paper is about

The misfeasance in making contract is the mean issue for discussion from the beginning Roman law. As for its main content, different countries as well as districts regulates differently, which concludes general two phases: one is type of the liability; the other is the effect of law. The relation between the liability for breach of faith and liability for tort should be cleared to judge the liability for fault, because the act of tort is the base for the law of liability for fault in making contract.

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Available abstract

The misfeasance in making contract is the mean issue for discussion from the beginning Roman law. As for its main content, different countries as well as districts regulates differently, which concludes general two phases: one is type of the liability; the other is the effect of law. The relation between the liability for breach of faith and liability for tort should be cleared to judge the liability for fault, because the act of tort is the base for the law of liability for fault in making contract.

Key concepts: Liability, Delict, Tort, Strict liability, Clearance, Law, Legal liability, Business

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