2004•The Northern ForumRequires access

The Jurisprudential Basis of the Tortious Conduct in Common and Analysis of Categorization

Zhang Tie-wei

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Abstract

As a special form of tortuous conduct, tortious conduct in common is an issue that is much debated. In the meantime, it is also an issue for which greater difference exists in its ascertainment and resolution in trial practices. It not only led to uncertainty in the application of law but also has brought about variability in the judicial protection of the rights and interests of the parties concerned. This article starts from the jurisprudential origins of the assignment of liability for tortuous conduct in common, integrating the latest judicial constructions and goes on to elaborate on the jurisprudential basis for establishing joint liability of tortfeasors in tortious conduct in common

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What this paper is about

As a special form of tortuous conduct, tortious conduct in common is an issue that is much debated. In the meantime, it is also an issue for which greater difference exists in its ascertainment and resolution in trial practices. It not only led to uncertainty in the application of law but also has brought about variability in the judicial protection of the rights and interests of the parties concerned. This article starts from the jurisprudential origins of the assignment of liability for tortuous conduct in common, integrating the latest judicial constructions and goes on to elaborate on the jurisprudential basis for establishing joint liability of tortfeasors in tortious conduct in common

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Available abstract

As a special form of tortuous conduct, tortious conduct in common is an issue that is much debated. In the meantime, it is also an issue for which greater difference exists in its ascertainment and resolution in trial practices. It not only led to uncertainty in the application of law but also has brought about variability in the judicial protection of the rights and interests of the parties concerned. This article starts from the jurisprudential origins of the assignment of liability for tortuous conduct in common, integrating the latest judicial constructions and goes on to elaborate on the jurisprudential basis for establishing joint liability of tortfeasors in tortious conduct in common

Key concepts: Liability, Categorization, Political science, Law and economics, Law, Common law, Basis (linear algebra), Resolution (logic)

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