Tortious Liability

Tortious Liability

Introduction

I find a satisfactory job whose workplace is far from my house. So, my father gave me car as a gift. One day, when I drove my car down the street, its grip and the brakes couldn’t help running into. Unfortunately, not only me, but customers in this accident was injured. Then, I find out the reasons is that my car is not normal condition. That is brakes are completely inadequate. However, after some time the company holds a big party which I would invite a lot of people. Fortunately, I was chosen to be a represent. During the event I was busy with my organization and greetings, when I suddenly fill poured a cup of hot coffee fell on the feet of customers. Monthly, these ugly things were not settled. The company was prosecuted because of its billboards to drop a person's head occurred. Unfortunately, people are just across the street in front of our company. In this task, I will analyze and tort liability of the relevant knowledge.

Main bady

In this case, sellers of vehicles shall be liable for breach. Drivers for the store's customers, billboards fall on passers-head, and hot coffee down to the feet belongs to tort liability. This case, clothing store owner and my company is security holders of obligations and duties. The characteristics of general tortuous liability are as follows: (1) Subjective errors. (2) Objectively damage behavior. (3) The damage caused by certain of objects. (4) Damage behavior and harm exists between the causality. (Yang lixin, 2010)

(1) Constitute the elements of the. Our "Contract Law" provisions of the no-fault liability, and tort liability is generally the fault using only products, risk, environmental pollution, the relationship between the responsibilities of the adjacent no-fault liability. Accordingly, a party to breach of contract reason for the proceedings, without proof the other party at fault; to tort liability for the action reason, you need

that the other party at fault. (2) The scope of compensation. Breach of contract damages in the amount agreed upon by the parties in the contract, the absence of such agreement, in accordance our "Contract Law" provides that compensation should be equal to losses due to default by the victim's loss, generally include only direct loss.(3) The way of responsibility. Tort liability both properties, such as compensation for the loss, but also the responsibility of non-property, such as eliminating the effects of rehabilitation, etc.; and breach of contract primarily the responsibility of property, such as mandatory the actual performance, such as payment of liquidated damages.(4) Exemption conditions. Liability for breach of conditions in addition to the statutory exemption, the contract the parties can agree in advance not responsible for the situation. In tort liability, the exemption is a statutory condition or reason only; the parties can not be exempt from the conditions agreed upon in advance, nor prior agreement on the scope of force majeure. (5) The responsibility of the third person is different. Breach of contract, if the fault caused by a third party can not fulfill contractual obligations, the debtor should first of all creditors, before the third person to recover. In tort liability, the perpetrator only because of his fault caused damage to others responsible for the consequences.（https://www.wendangku.net/doc/8113972517.html,）

Security obligations of the operator to establish a security operator obligations, specifically the security obligations of the obligation of the scope and area o f responsibility is not only conducive to the promotion of goods, services strengthened in terms of security management to reflect a more personalized service human care and respect, but also to rational allocation of damages to compensate victims of loss. Operator safety obligation type: 1, directly responsible. "In accommodation, catering, entertainment and other business activities or other social activities of natural persons, legal persons, other organizations, not entirely within the reasonable limits of safety and security obligations to cause others to suffer personal injury, compensation for the right to request the people to bear the corresponding responsibility, the people's court should be supported. 2. Supplementary liability. Infringement by a third place result in damage results from the implementation of tort liability to third persons. Security

obligations have any fault, it should be in its ability to prevent or stop the damage within the scope of responsibility to bear the appropriate supplement. Person responsible for security duties, they can recover to a third person. Right to compensation the obligation to prosecute human security should be third person as a co-defendant, but the third person can not be determined otherwise. (Jeffrey F.Beatty, Susan S.Samuelson).

As my employer, my company should be the behavior of my feet burn someone else employer to bear the responsibility, and vicarious liability, is an employer's liability. Enterprise legal persons or other organizations are liable for damages. "Civil Law" fourth 13 provides: "enterprise legal person of its legal representatives and other personnel management activities, bear civil liability. Employer’s Liability as follows: (1) the employer shall conduct professional activities of staff sent a person damage behavior, liable for vicarious liability but it means that those responsible for damage caused by the behavior to pay compensation. (2) Intent or gross negligence of employees, employers and employees shall be jointly and severally liable. Vicarious liability law is a prerequisite to be a responsible alternative to replace the supervision and command, control, or even human. Purpose is to improve the agency's responsibility of liability security interests, but more importantly, it is to strengthen supervision of the people has been replaced, to prevent recurrence of violations.（https://www.wendangku.net/doc/8113972517.html,）

Case billboards fall on the pedestrian's head infringement shall bear no-fault liability. No-fault liability features: 1.The statutory scope of application: the principle of liability without fault must be within the scope of application of the law and can not expand or reduce its scope. Civil Law provides for the typical cases of liability without fault are: the injury caused by product defect, the injury caused by high-risk operations, environmental pollution caused by human damage, the injury caused by

the construction ground, keeping the animals cause damage to the case of damages. 2. The statutory exemptions: no-fault liability for the particular violations of the exemption conditions by law, but the specific acts of aggression o nly statutory exemptions are not identical.①injury caused by product defects, civil law does not provide exemption conditions. ② High-risk operation to cause damage, in accordance with Article 123 of Civil Law provides that only one exception condition, that is, the result is the victim of intentional damage caused by.（https://www.wendangku.net/doc/8113972517.html,）

The differences between strict liability and general negligence are as follows: 1.Damage to the objective existence of the facts. 2. Special statutory tort of. 3. Special tort and the damage of a causal relationship between the facts. 4. No fault of the perpetrator. Is the responsibility of commitment to act without regard to whether a fault in the victim identified responsibilities without providing evidence of fault o f the actors, actors need not provide evidence against himself not at fault, even with the evidence himself not at fault should bear the responsibility. Essential elements of tort liability, the infringement shall bear tort liability that should have is a necessary condition. 1. Damage to the objective existence of the facts. Damage is the fact that certain conduct resulted in the subject of rights personal rights, property rights have been violated, resulting in non-property interests and the reduction or loss of property interests of objective facts. 2. Unlawful act. Violation of a citizen or legal breach of statutory duty, breach of laws and regulations prohibited by the terms of the implementation of the act or omission. 3. Cause and effect. Causal relationship is between the objective of this phenomenon was caused by the relationship between cause and. 4, subjective fault. Subjective fault of the perpetrator that the behavior of their own attitudes of the consequences of actions and attitudes.

Subjective judgments or without fault for one simple it should be more accurate standards. Reasonably foreseeable use of a standard to measure the behavior of the perpetrator. If the perpetrator's conduct up to a certain standard, then he is not at fault, otherwise at fault. In the no-fault liability and equity responsibilities, causality is a

direct basis to determine areas of responsibility. (https://www.wendangku.net/doc/8113972517.html,)

Negligence tort is to take action causing an unreasonable risk of harm. Operational actions have caused injury of four components: (1) the defendant owed the plaintiff's care, (2) breach of the duty of the defendant, (3) the plaintiff suffered injury, and (4)the defendant’s negligent act caused the plaintiff’s injury (He Baoyu, 1999).

Through analysis, I think the billboard companies dropped a pedestrian is injured by the negligence of the company, which is the normal negligence. I think it is not difficult to find, the defendant should compensate the plaintiffs, the defendants violated the operator's safety and security obligations, resulting in damage to the plaintiff, the defendant's negligent conduct caused the plaintiff harm. We can pay more attention to prevent the recurrence of such obligations.

Conclusion

Through the lessons, I learned a number of legal knowledge, such as: tort liability, employer’s liability, strict liability and so on. It provides accountability for many events. It provides a number of events in the attribution of responsibility; in the future work of the employer's responsibility is very useful. Therefore, in future study or work, we can use the law to resolve the issue, in order to protect our interests.

Word count: 1535

References:

Jeffrey F. Beatty, Susan S. Samuelson, Business Law and the Legal Environment for a New Century

He Baoyu, 1999, UK Contract Law, China Politics and Law University Press

Y ang lixin, 2010, Tortious liability law, Legal publishing house

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