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What is no fault liability

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What is no fault liability


        

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  • 2024-06-19 06:00:01

    The principle of no fault liability refers to the principle of liability fixation that does not take the subjective fault of the parties as an essential element of a tort according to the law.
    That is, no matter whether the parties are subjectively wrong or not, they should bear civil liability.
    First, no fault liability is applicable to situations where the damage consequences cannot be attributed to both parties;
    Second, no fault liability is a form of liability in parallel with fault liability;
    Third, the purpose of no fault liability is to reasonably compensate for losses.
    In the case of no responsibility, whether the actor assumes responsibility does not depend on whether he is at fault, but on whether there is a causal relationship between his acts and objects and the consequences of the damage. In the field of contract, as long as the act (act or omission) ultimately leads to the failure of the contract, and regardless of the cause of the act, the actor will be responsible for his own act, That is, the law has identified that there is a direct link between the behavior of the parties and the consequences of the damage.
    Fourth, no fault liability limits the application of general exemptions. In the case of fault liability, the parties can propose legal exemptions to exempt them from liability for damage consequences. If force majeure is the general exemption of fault liability, but in the case of no fault liability, the application of legal exemptions including force majeure is limited;
    Fifth, causality is an important element to determine liability. Under the premise of fault liability, whether the actor bears civil liability ultimately depends on whether he has fault.

    Legal basis:

    Article 1166 of the Civil Code of the People's Republic of China, if the perpetrator causes damage to the civil rights and interests of others, regardless of whether the perpetrator is at fault or not, and the law provides that he shall bear liability for infringement, such provisions shall apply.

    Sun***

    2024-06-19 06:00:01

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