Dissertation
Dissertation > Political, legal > Legal

Discussion on the Evolution of the Modernization of Tort of England

Author HuoZhenFeng
Tutor ZhangPeiTian
School Southwest University of Political Science
Course Legal History
Keywords Negligence Tort Pure economic loss Duty of care
CLC DD913
Type Master's thesis
Year 2009
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Primarily from the introduction of the three case merits Value Comments departure, and supplemented by the discussion of the cases and historical data, sought to summarize the causes, characteristics, and trajectory of the 20th century, the development and evolution of the law of negligence. Specifically, this paper is divided into the following parts: the first part focuses on the three cases the facts of the case and the judgment to some relevant background. Writing, I strive to find the most complete historical records about the facts of the case, efforts to find from the judgment, Justice ruling some consideration. Through this section so that readers have a more comprehensive understanding of the three precedents. The second part describes three cases of precedential value. Starting from three precedents, highlighting the changes in the duty of care connotation language negligence and negligent false statements evolution of pure economic loss due to the appealability. Should be noted that, this article describes the case the value of the case is not separated, but trying showing one kind of each other before and after relationship between the value of each precedent. The third part, grouped roughly evolution trajectory of the 20th century British law of negligence. This section is divided into the evolution of the duty of care, negligence, false statements due to the three parts of pure economic loss v. Evolution and negligence connotation Evolution. The evolution part of the duty of care is divided into two parts of the evolution of the evolution of the connotation of the duty of care and the establishment of rules; negligent false statement pure economic loss due to the evolution of appealability part introduces negligent false statements due to pure economic the establishment of the principle of the process of the gradual weakening of the process of the loss of non-justiciability rules and Heller case; Finally, in the part of the evolution of the fault connotation, I introduces the process of the establishment of a speech negligence justiciability. Part IV describes the causes and characteristics of the development and evolution of the law of negligence in the 20th century. Partly divided into the direct cause of the (traditional case law), the root cause (socio-economic development and changes) and other reasons (other common law countries, the impact of the tort law system) in three parts; characteristics part, I analysis of the socio-economic factors guidelines for its development and evolution of the role, has undergone a continuous \The fifth part describes some of the conclusions that can be drawn from this analysis demonstrate in its infringement of the legal system to build something useful for our negligence. In summary, I think, the topics and writing roughly the value of the following aspects: First of all, since the 20th century British negligence tort and social interaction is more frequent and intense, more clearly in the process of its evolution. observed the interaction between the legal and social needs. Secondly, in the British tort law, the type of responsibility as a fallback nature, negligence, tort liability will undoubtedly have the most important position. In this paper, the law of negligence is the object of study is greater coverage in order to make their research results. Finally, the from academia British law of negligence current situation, our academic research is still in its infancy. Therefore, the author departure from the Analysis of three typical jurisprudence, seeks to outline the approximate trajectory of the 20th century, the development and evolution of the law of negligence. Therefore, I think that the writing of this article the main purpose of the following two aspects: (a) the description of the evolution of the trajectory of the development of 20th century British law of negligence, so that readers of the accurate and complete understanding of; starting from the point of view of Legal History , trying to reveal the interaction between the 20th century British law of negligence evolution and social development. (B) an attempt to summarize the to British negligence tort evolution law, and as a useful reference for our negligence tort law system construction, so as to maximize the value of the institutional. This paper uses case analysis, interdisciplinary research methods, historical research, comparative study law. The author standing legal historian's point of view, and the basis of the theory of an appropriate combination of civil and commercial law, in the merits of the case to three typical jurisprudence based analysis, the precedential value comment based on affect expounded, summed up the British law of negligence The approximate evolution trajectory of the 20th century.

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