This paper establishes rational liability doctrines in China Infringement Law and constructs the liability system of infringement liability with liability basis and liability components as the emphasis.
In particular, we present an implementation of issue spotting in CHASER, a legal reasoning system that works in the domain of tort law.
However, the physician is not held responsible under tort law, if he can prove that he selected and supervised his negligent assistant carefully, § 831 BGB.
In the absence of a contractual relationship to the patient, the medical assistant's liability under tort law corresponds with the standard of care applied to a skillful medical assistant.
The author presents the major aspects of the Principles of European Tort Law (PETL).
The Principles of European Tort Law are not a mere restatement of the law as is, not least due to the fact that there are significant differences between the European jurisdictions when it comes to attributing a loss.
Nevertheless, the Principles try to merge these traditional approaches with a modern perspective on how the law of torts should develop in the future.
This paper explores the efforts of the leading tort theorists to provide a moral basis - for the law of torts.
The paper concludes that the law of torts cannot be understood - in the sense of being given a rational reconstruction - under any one principle of morality.
When so viewed, propositions about goals and their orderings become legitimate premises for legal reasoning, furnishing solutions to hard cases in the law of torts, without resort to balancing of interests or judicial discretion.
This paper explores the efforts of the leading tort theorists to provide a moral basis - in the sense of rational reconstruction based on alleged moral principles - for the law of torts.