2013•Unpublished venueRequires access

Consideration on the Article 11 of The Tort Liability Law and Suggestions

Che Hu

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Abstract

For the several people's tort that is serious enough to cause the injury consequence,the article 11 of The Tort Liability Law provides that these people should bear joint and several liabilities.The recognition of tort,which is strong enough to cause the same injury consequence,shall adopt the objective standard.The causality in different cases may be cumulative causation,a causal relationship interrupted or multiple causal relationships.Different causations decide the form of tort liability,the article 11 of The Tort Liability Law should not totally set forth joint and several liabilities.In the case of the interruption of causal relationship,if the first man is not intend to do injury and the initial factor is not liable for damage,he should not assume the tort liability,while the intervention person should be responsible for it.

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For the several people's tort that is serious enough to cause the injury consequence,the article 11 of The Tort Liability Law provides that these people should bear joint and several liabilities.The recognition of tort,which is strong enough to cause the same injury consequence,shall adopt the objective standard.The causality in different cases may be cumulative causation,a causal relationship interrupted or multiple causal relationships.Different causations decide the form of tort liability,the article 11 of The Tort Liability Law should not totally set forth joint and several liabilities.In the case of the interruption of causal relationship,if the first man is not intend to do injury and the initial factor is not liable for damage,he should not assume the tort liability,while the intervention person should be responsible for it.

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Available abstract

For the several people's tort that is serious enough to cause the injury consequence,the article 11 of The Tort Liability Law provides that these people should bear joint and several liabilities.The recognition of tort,which is strong enough to cause the same injury consequence,shall adopt the objective standard.The causality in different cases may be cumulative causation,a causal relationship interrupted or multiple causal relationships.Different causations decide the form of tort liability,the article 11 of The Tort Liability Law should not totally set forth joint and several liabilities.In the case of the interruption of causal relationship,if the first man is not intend to do injury and the initial factor is not liable for damage,he should not assume the tort liability,while the intervention person should be responsible for it.

Key concepts: Tort, Joint and several liability, Causation, Liability, Delict, Causality (physics), Strict liability, Law and economics

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