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Task 1
A. Contrast liability in tort with contractual liability Principles of Responsibility distinction
Tort liability in general, the principle of fault liability, under the special provisions in the law, to take the principle of liability without fault, if the law does not specify to which the parties the two sides nor the fault of the concept of fair, can also take the principle of equitable responsibility.
Contractual obligations after the conclusion of the contract, or the formation of the contract as well as the performance of the contract period, the damage due to the behavior of the party of the contract led to the other party in interest, and should bear the legal consequences.
Constitute elements of distinction
The contract responsibility includes: Contracting negligence liability and breach of contract. Liability for wrongs in conclusion of contract refer to a party in violation of the first contractual obligations in good faith and practical in the contracting process, caused the other the damage of the parties, therefore, should bear the legal consequences. Liability for breach of contract, is the party fails to fulfill the contract debt should bear legal responsibility.
Tort liability is the perpetrator subjective fault, its imputation principles applicable vary, but there must be consequences of the damage exist, no damage and non-infringement.
The difference the burden of proof
Tort liability, general tort victims, an obligation on the offender if there is fault of the burden of proof.
Contractual obligations, the defaulting party only prove to have statutory or contractual reasons disclaimer.
The difference the exemption conditions
The Tort Liability Disclaimer condition is only legal.
Contractual obligations in addition to the statutory exemption conditions, the parties to the contract agreed in advance not bear civil liability, but the parties may not be agreed in advance to waive the responsibility of intent or gross
A. Contrast liability in tort with contractual liability Principles of Responsibility distinction
Tort liability in general, the principle of fault liability, under the special provisions in the law, to take the principle of liability without fault, if the law does not specify to which the parties the two sides nor the fault of the concept of fair, can also take the principle of equitable responsibility.
Contractual obligations after the conclusion of the contract, or the formation of the contract as well as the performance of the contract period, the damage due to the behavior of the party of the contract led to the other party in interest, and should bear the legal consequences.
Constitute elements of distinction
The contract responsibility includes: Contracting negligence liability and breach of contract. Liability for wrongs in conclusion of contract refer to a party in violation of the first contractual obligations in good faith and practical in the contracting process, caused the other the damage of the parties, therefore, should bear the legal consequences. Liability for breach of contract, is the party fails to fulfill the contract debt should bear legal responsibility.
Tort liability is the perpetrator subjective fault, its imputation principles applicable vary, but there must be consequences of the damage exist, no damage and non-infringement.
The difference the burden of proof
Tort liability, general tort victims, an obligation on the offender if there is fault of the burden of proof.
Contractual obligations, the defaulting party only prove to have statutory or contractual reasons disclaimer.
The difference the exemption conditions
The Tort Liability Disclaimer condition is only legal.
Contractual obligations in addition to the statutory exemption conditions, the parties to the contract agreed in advance not bear civil liability, but the parties may not be agreed in advance to waive the responsibility of intent or gross
References: 1. P. S. Atiyah. Introduction to Law of Contract. Beijing: Law Press,2002.1 2. http://d.wanfangdata.com.cn/Periodical_cqdxxb-shkx200806019.aspx 5. http://d.wanfangdata.com.cn/Periodical_gszfxyxb200401014.aspx