Sign In Recent Questions
 
   
  Question title : torts liability 
  Question:

I know the new Torts Liability Law becomes effective in China from this month. Does it set out requirement what would constitute a tort and what is this ‘fault’? 

   
Asked by mengmai  7/4/2010 11:11:13 PM
 
 
 

The new Torts Law is structured in a way that article 6 (and article 7) would set out the general requirements that constitute actionable torts. Following articles will then enumerate several specific types of torts. Therefore, if a type of torts is not covered by the specific types, you will need to look at the general terms of article 6.

 

Article 6 says that torts liability stems from “fault”. However, this article does not define what is “fault”, which is covered in the following articles for those specific torts types.

 

In practice, one is at fault if it violates legal obligations or duties. This covers the situation where one owes a duty required by the law, by the profession or by ones own conduct. For example, if a construction worker fails to cover the sewage well after having completed sewage works, then he is at fault.

 
Replied by 15minutes4u  7/5/2010 9:00:52 PM
 
 
 
Suggestions
15minutes4u.com - Ask a Legal Question , We Respond for Free
 
 
About us - How to Use - Privacy - Feedback - Agreement for Service
Make 15minutes4u.com Your Homepage!

© 2008 15minutes4u.com