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On the Liability of Danger

Author: MuYingZuo
Tutor: TianTuCheng
School: Zhengzhou University
Course: Legal
Keywords: The risk of liability Tort law Abnormally dangerous Work was Dangerous substances Dangerous goods Strict liability To obtain benefits Preservation of evidence Holder
CLC: D913
Type: Master's thesis
Year: 2002
Downloads: 176
Quote: 3
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The risk of liability is a concept used in common law and German law, since the 20th century, gradually being adopted by Japan, Switzerland and Taiwan. In common law, dangerous responsibility or referred to as \In Germany and France, dangerous responsibility refers to specific companies, specific devices, specific articles of the owner or the holder, under certain conditions, do not ask whether negligence, born for the enterprise, devices, articles a hazard is liable for damages. The United States in 1977 \to bodily, land or animal damage caused is responsible for. How to determine whether a dangerous activity abnormally dangerous, the United States tort law (second) restated 520 requires consideration of the following factors: the existence of a person's personal, land or animals some damage high degree of risk value to the public; probability of the behavior of the damage; reasonable care is still not do to avoid the danger; This behavior is not a commonly used; activities engaged in inappropriate locations; activities. Dangerous theoretical basis the German scholar IJsselmeer (J.Esser,) in his famous book \is the rational allocation of unfortunate damage, mainly based in that: (1) a source of danger, manufacturing enterprises, article or device owner or the holder of a source of danger, and should therefore be responsible for; (2) risk control said enterprises in some degree to control these hazards, and should therefore be responsible; (3) enjoy the interest burden dangerous enterprises, article or device owner or the holder of benefit from their enterprise, devices or articles, it is a matter of course shall bear the risk; (4) loss-sharing, due to the risk of liability and damages may be dispersed through the price mechanism of the goods and services and insurance systems. Tort law in the United States about the theoretical basis of risk liability in addition to similar, Overijssel, as well as its unique features, the cost of scattered damage prevention, the concept of fair and evidence preservation point of view. That the damage should be cost-dispersing ability of party commitment by manufacturing a dangerous enterprise they assume the loss, added to the cost of goods distributed to hundreds of thousands of consumers to purchase their goods and cost-sharing loss The purpose; liability for damage should have the ability to take the duty of care; avoid the party responsible for the accident, the victim generally no the opposite danger manufacturer has the ability to avoid damage occurred; often based on a fair idea of ​​manufacturing a dangerous hazardous activities benefit losses to be assumed by the demands of justice; dangerous responsibility of the establishment of the proceedings on evidence preservation requirement that in the event of damage caused by abnormally dangerous marsh move, such as explosives, a large number of gas explosion and the crash accident, check often destroy the evidence in these events, so that the loss of evidence, the certificate of the plaintiff, defendant Ming fault obviously can not, and therefore should bear strict liability on the defendant's high-risk sexual activity damages arising. Dangerous responsibility of a wide variety of types of cases, the jurisprudence of the courts of the United States provides us with an understanding of the students of the crisis Yin responsibility. Moving materials, which summarizes the six types: 1, bombings, mainly engaged in blasting and other explosion occurred due to the needs of the construction or other reasons, resulting in cases of bodily damage to property. Storage of dangerous goods, storage of dangerous goods, the United States Court generally considered accumulation of explosives such as dynamite, harmful chemicals and gas station oil storage tank damage constitutes a dangerous liability. 3, born in the course of delivery hazards, such as transporting a lot of gasoline, phoenix Sri Lanka and there I chemicals, the defendant should bear the liability without fault. 4, the transfer process hazardous born, the courts of the United States are set to power lines can cause harm to others. Natural gas transport pipeline explosion caused. Damage hoon strict liability, the rupture damage aqueduct whether it should bear the liability without fault disputed. 5, the spread of dangerous substances for the aerial spraying of pesticides, most cases in the United States about the spread of dangerous substances constitute abnormally dangerous activities, the activities of other spread of dangerous substances for nuclear spoke spill in a waste disposal damage, such as plant untreated contain mercury waste in a factory; waste into the soil, rivers, polluting the environment. Trafficking of firearms in the United States for the spread of dangerous goods controversial cases. Held live 0 \exclusion of hazardous liability tort law in the United States tort law (second) restated)) 523 provides for a situation: the plaintiffs are willing to risk to engage in abnormally dangerous behavior must not ask for damages. \Civil Code, \the victim of negative liability for damages, but possession is a f - prevent damage occurs when you have done the necessary duty of care, the damage should be all compensation to its theoretical basis is obtained through the use of work liable to stakeholders compensation ', is a strict liability. Taiwan dangerous doctrine of the responsibility in the civil law and judicial practice charge

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