Dissertation > Excellent graduate degree dissertation topics show

Discuss on Infringing Contracting Interest by Third Party

Author: ZhouJing
Tutor: ZhangZhengZuo
School: Suzhou University
Course: Civil and Commercial Law
Keywords: contracted interest a third party tort remedy civil liability
CLC: D913
Type: Master's thesis
Year: 2011
Downloads: 15
Quote: 0
Read: Download Dissertation

Abstract


Infringing contracting interest by third party refers to unlawful and intentional interference with formation of contract. In this way, contracting parties’contracting interest is infringed. In PRC legal system, contractual negligence is the major protection to contracting interest. However, this doctrine is limited by privity of contract and therefore cannot regulate interference to contracting interest by a third party. The Anglo-American law system established "interference with the contract" by common law. On the other hand, using general provisions in tort law to regulate infringing contracting interest by third party also attracts great support from scholars of civil law countries.The doctrine of infringing contracting interest by third party protects contracting interest. This doctrine is different from reliance interest in that it only exists at formation of contract while the scope of reliance interest is much wider. Principles of good faith and freedom of contract are the social and moral basis for the existence such doctrine. In this thesis, the author evaluate the possibility of establishing a system of infringing contracting interest by third party by comparing with contracting interest in British common law and US statutes. Through such comparison, the author would point out loopholes in Chinese legal system in protecting contracting parties’lawful interest. In practice, imposing liability on third party for infringing contracting interest is necessary. To compensate the parties’contracting interest, the author recommends imposing tort liability on third party. Such tortious liability should be confined to intentional tortuous conduct. In addition, for two different kinds of tortious conduct, and the tort-feasors should be subject to different kinds of civil liability respectively.

Related Dissertations

  1. Goodyear Dalian Tire Co. VMI applied research,F426.72
  2. Infringement of the right to life caused by a third party damages System,D923.1
  3. Real Property in the Protection of Third Party,D913
  4. China 's motor vehicle road traffic accident insurance payment dispute Legal Issues in Compensation Cases,D922.284
  5. The Study on the Civil Liability of the Shareholders Defective Capital,D922.291.91
  6. Study on Performance System for CP Software Testing Centre,F272.92
  7. On Civil Liability of Online Transaction Platform Providers,F724.6
  8. On the notary civil liability,D926.6
  9. Design and Implementation of a Logistics Enterprise Management System,TP311.52
  10. The Selection and Evaluation of Logistics Supplier in HY Company,F426.7
  11. Argumentation of Some ROMVALCI Issues,D922.284
  12. Tongcheng Yuli Optimization of Supply Chain Management,F752
  13. International Investment Arbitration \,D997.4
  14. S Enterprise Optimization of procurement,F274
  15. Environmental Liability and Relief of Research,D922.68
  16. The Procedure Path Research on Trade Secrets,D925
  17. The Research on Civil Liability for False Advertising Spokesperson,D923
  18. A Research on Civil Liability of Credit Rating Agencies,D923
  19. The Research of Incidentally Third Party Protecting Contract,D913
  20. Research on the Concurrence of Third Party Tort Liability and Inductrial Injury Insurance Liability,D923

CLC: > Political, legal > Legal > UNIVERSITY > China and France
© 2012 www.DissertationTopic.Net  Mobile