Analysis of Controversial Issues on Joint Dangerous Act
YE Jin-qiang
Abstract
YE Jin-qiang
Abstract
The joint dangerous act belongs to the joint tort where the person liable can't be determined.The joint dangerous act and the joint tort where the portion of liability can't be determined together constitute the type of objective joint tort.The possible causation justifies joint and several liability in the objective joint tort,so one who adduces evidence to prove that there is no causation between his behaviour and the damage could be exempted from liability.The system of joint dangerous act also applies to the area of liability without fault.The distinctions of joint tort between the joint dangerous act and the joint negligence mainly depend on whether actors are common negligence.That tortfeasors' conducts where it is possible to foresee and avoid the damage are based on consistent behaviour arrangements characterizes the joint negligence.
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The joint dangerous act belongs to the joint tort where the person liable can't be determined.The joint dangerous act and the joint tort where the portion of liability can't be determined together constitute the type of objective joint tort.The possible causation justifies joint and several liability in the objective joint tort,so one who adduces evidence to prove that there is no causation between his behaviour and the damage could be exempted from liability.The system of joint dangerous act also applies to the area of liability without fault.The distinctions of joint tort between the joint dangerous act and the joint negligence mainly depend on whether actors are common negligence.That tortfeasors' conducts where it is possible to foresee and avoid the damage are based on consistent behaviour arrangements characterizes the joint negligence.
Key concepts: Joint and several liability, Tort, Causation, Joint (building), Liability, Contributory negligence, Strict liability, Res ipsa loquitur