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The Employer’s Liabilities Forthe Damage Caused by Borrowed Servant About the Identification Standard

Author: XuFei
Tutor: FuRong
School: Shanghai Jiaotong University
Course: Civil and Commercial Law
Keywords: employer’s liability borrowed servant quasi-double labor relationship
CLC: D922.5
Type: Master's thesis
Year: 2009
Downloads: 23
Quote: 0
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Abstract

As a new kind of employment form which is different from the traditional employment relationship,the borrowed servant involves the servant, the borrower and the empolyer.So who should be responsible for the damage caused by borrowed servant. Can we only judge by employment contract ,or by other standards? This article is about these questions.This paper is divided into four parts.Part 1 is about the specialist of the borrowed servant. The relationship between the three parties can be regarded as quasi-double labor relationship.In this part, it revealing that who should take responsibility for the damage is focused on“Who is the employer”, and the real aim is how to balance the interests of all parties ,including the interests of victims. Part 2 analyzes whether there are other identification standards of the employer’s liabilities for the damage caused by borrowed servant except the contract standard. Investigating other countries and regions’identification standard by comparative and case research, it points out the control standard can be used as general standard.Part 3 is about the other identification standards, such as the comprehensive standard,the integrated standard and the distinguished standard. It also analyzes the value and the shortcomings of these standards.Part 4 is mainly about the classification of identification standard in our practice. It points out that we should classifying the the identification standard of the employer’s liabilities for the damage caused by borrowed servant in practice.

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