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Discussion on Massive Personal Infringement

Author: XieShuMin
Tutor: ShiPing
School: Suzhou University
Course: Civil and Commercial Law
Keywords: Massive Personal Infringement Causation in Law Indemnification
CLC: D923
Type: Master's thesis
Year: 2011
Downloads: 29
Quote: 0
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Abstract

With the development of economy, social interactions become more frequent, which increase the scale of consumption and lead to an endless stream of massive personal infringement cases. In reality, massive personal infringement occurs for two reasons: defect products and environmental pollution. These cases hereinabove shall govern the tort law essentially. Whereas, differing from common personal infringement, massive personal infringement has its own characteristics, such as resulting in a large number of victims, having a long incubation period, generating social panic and etc. In case of analyzing such cases with traditional theories of tort law, the causation in law, the attribution of legal liability and indemnification will be difficult to determine. Based on traditional tort law theories on tort liability elements, the causation in law, the attribution of legal liability and the indemnification of massive personal infringement are studied, furthermore, the development trend of the modern tort law, along with the defects and improvement of the Tort Law of People’s Republic of China are discussed.

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