Comparative Fault System In Tort Law

The term "comparative fault" might be used to describe any system of law that apportions damages on the basis of the relative culpability of the responsible tortfeasor and victim.The comparative examination of the various systems reveals a trend towards fuller compensation as the economy of a particular state expands.Under this background,there are a lot of problems in our legislation and judicial practice.Our legislation is underdeveloped and the judicial practice is not consistent.There is an obvious tendency to reduce responsibilities of tortfeasors in our judicial practice and there are a lot of blank spots in theory.So there is no systematic dissertation about comparative fault system in china and this work attempts to attain this objective.This paper focus on the principle and application of the comparative fault system,follows the development trend of the comparative fault rule,and tries to form some theory conclusions to direct our practice.Besides the preface and conclusion,there are seven chapters in this paper.Chapter one analyzes the definition and nature of the comparative fault system.In Chapter Two,the history evolution and the comparative examination of the various systems reveal a trend towards fuller compensation as the economy of a particular state expands.The reasons exist in the evolution of values,social demands and legal policy.Chapter three reveals the theory bases of the comparative fault and its development trend.The most common justification of comparative fault as a defense is justice and fairness.Furthermore,there is a certain tension between the goals of tort liability and justifications of comparative fault.Especially in strict liability,the defense reduces the scope and effect of liability may operate to frustrate and undermine some or all of the liability aims,this tension leads to the conclusion that the defense should be either totally denied or at least restricted.Moreover,this conclusion is an expression of the legislation policy of "the injured party prevails".Chapter three analyzes thoroughly the component conditions of comparative fault.First,the injured party must have tortious capacity. Second,the injured party neglects duty of care for himself.Third,there is a causation between the injured party's act and the damages.Along the development trend,chapter four analyzes the application sphere of the comparative fault system.The first section discusses the imputation of third persons as comparative fault and draws a conclusion that judges can diminish or exempt the tortfeasor from responsibility when the children,insane persons with tortious capacity neglect duty of care for themselves.The second section deals with the causes of action governed by comparative fault and the conditions of disregarding comparative fault defense.Chapter six discourses on the comparative fault system under strict liability and reconstructs the comparative fault system under strict liability in china.When a person suffers injury in industrial accident or in a nuclear energy accident,or a non-motor vehicle driver suffers personal injury,the victim's fault should not be the cause for exempting or reducing the liability of the tortfeasor.Unless the victim's fault is unforgivable,and is the only incentive for the damage,or the victim is voluntary to pursuit the suffered damage.The Second section analyzes the comparative fault principle in some specific strict liability conditions.Chapter seven analyses thoroughly the consequences of comparative fault rule.The apportionment rule under fault liability and strict liability should be different.When apportioning damages under fault liability,fault should be the main consideration and the causal relationship should be the "gatekeeper" concept.When apportion damages under strict liability,causal relationship should be the main consideration.When the tortfeasor is obviously intentional or has gross negligence,the fault of the tortfeasor must also be considered.Finally,besides fault and causal relationship, Judges should weigh other factors in the "equitable adjustment" stage.