Case Study
Introduction：
Aim
The aim of this article is to examine the role of the Law of Tort in business activities assessing particular forms of tortuous liability and apply the elements of the Tort of Negligence.
Scope
It includes the nature of general tortuous liability，the nature of employer’s liability，the application of the elements of the Tort of Negligence and vicarious liability.
Background to study
Case study No. 1
Facts: A bus belonging to Xiamen Bus Co Ltd had hit a school child on the pedestrian passing zone and was killed. Upon the occurrence of accident the driver was arrested by the police for killing in negligence. The deceased child’s family (the claimant) sued the driver who was sentenced for 1 year imprisonment. The family was failed to get the satisfactory compensation as the driver is unable to pay the full award.
Facts: Facts: A peasant (the claimant) from the suburb of Jilin was going to downtown and met another peasant he was acquainted of (the defendant). The defendant had a cart with motor used for transporting small items and was intended to bring some goods from the downtown. It was not allowed to use this type of cart to carry passengers. However, the peasant insisted to have a ride. Before arriving the downtown, the cart was hit and overturned by a military jeep and both of them were overthrown and injured. The claimant sued the defendant for his injury. The defendant ended up for an imprisonment in the jail.
Analysis of Case No. 1 • Determine the nature of the case in China
According to the general nature of tortious liability in China, there are mainly three kinds which refer to fault liability principle, principle of liability without fault and the equitable liability principle.
For the case, the bus driver belonging to Xiamen Bus Co Ltd had hit a school child on the pedestrian passing zone in negligence and because of his fault, the child was killed. Therefore based on the definition of the three
Aim
The aim of this article is to examine the role of the Law of Tort in business activities assessing particular forms of tortuous liability and apply the elements of the Tort of Negligence.
Scope
It includes the nature of general tortuous liability，the nature of employer’s liability，the application of the elements of the Tort of Negligence and vicarious liability.
Background to study
Case study No. 1
Facts: A bus belonging to Xiamen Bus Co Ltd had hit a school child on the pedestrian passing zone and was killed. Upon the occurrence of accident the driver was arrested by the police for killing in negligence. The deceased child’s family (the claimant) sued the driver who was sentenced for 1 year imprisonment. The family was failed to get the satisfactory compensation as the driver is unable to pay the full award.
Facts: Facts: A peasant (the claimant) from the suburb of Jilin was going to downtown and met another peasant he was acquainted of (the defendant). The defendant had a cart with motor used for transporting small items and was intended to bring some goods from the downtown. It was not allowed to use this type of cart to carry passengers. However, the peasant insisted to have a ride. Before arriving the downtown, the cart was hit and overturned by a military jeep and both of them were overthrown and injured. The claimant sued the defendant for his injury. The defendant ended up for an imprisonment in the jail.
Analysis of Case No. 1 • Determine the nature of the case in China
According to the general nature of tortious liability in China, there are mainly three kinds which refer to fault liability principle, principle of liability without fault and the equitable liability principle.
For the case, the bus driver belonging to Xiamen Bus Co Ltd had hit a school child on the pedestrian passing zone in negligence and because of his fault, the child was killed. Therefore based on the definition of the three
References: HND book Wikipedia, the free encyclopedia http://uk.answers.yahoo.com/question/index?qid=20060613024043AARxVER http://wenwen.soso.com/z/q52895869.htm http://baike.baidu.com/view/392288.htm#sub392288 http://www.lvshi100.net/news.php?NewsID=40797