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Study on College Tortious Liability of Omission

Author: QiuLiLi
Tutor: CaiChang
School: Hunan University
Course: Legal
Keywords: Colleges and Universities Omission Tort Liability
CLC: D923
Type: Master's thesis
Year: 2010
Downloads: 115
Quote: 2
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Abstract


For colleges and universities to constitute Nonfeasance under what circumstances , should take responsibility and should bear the responsibility in which the focus of these problems , the paper, the case law , comparative law on universities as tort liability study . Acceptance of liability is based , the legal relationship between the identified main characteristics of the dual attributes of civil relations and administrative relations between the universities and the students . Universities are not as tort liability and tort liability have in common , but there is a difference between the two prerequisites for the establishment and behavior , the more the attention of the academic colleges and universities as tort liability , not as tort liability comparison weak. Fair and just social value as an obligation of the foundation and university colleges and universities as the premise of tort liability . As an obligation of the university has its own characteristics in these four aspects of the origin , development, content and limits . For the constituent elements of the tort liability , academics have \To distinguish between illegal and fault affirmed the the illegal independence and value , the colleges and universities as the illicit nature of tort liability , fault , and the consequences of the damage , the causal relationship between the four constituent elements . The key to helping college commitments as tort liability is to establish a reasonable principle of attribution system , colleges and universities are not as tort liability attributable to the principle of fault liability based, in some violations , according to the provisions of the law should apply the principle of presumption of fault breach of security obligations such as colleges and universities should bear the responsibility for the situation . Divided into two cases according to whether the third person involved the commitment of the university as a tort liability . One is no third party intervention colleges and universities as infringement , the universities direct responsibility ; another in the third person involved in the case , the third party infringement caused by the students ' personal and property damage by a third person liable for damages if the infringer can not assume liability or responsibility incomplete and infringement of people still unaccounted for , college fault shall be liable for compensation to their degree of fault and behavior corresponding to the force of the reasons for the additional liability .

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