Research On Designated Driver For Drinker Contract

Designated driver for drinker contract is the most important means of determining rights and obligations of both parties, reasonable and clear contract can effectively prevent and reduce complication, and also is the key for standardize the designated driving service industry. Designated driver for drinker contract is a new type of non-typical contract, its terms are sketched by designated drivers in advance, and the content are normative and applicable, and its application of law is hierarchical. Designated driver for drinker contract also has some features of commission contract, employment contract, work contract and passenger transportation contract, but it is essentially distinct from these contracts. The principal should shoulder the responsibility for the assignee, but the passenger should not shoulder the responsibility for the designated driver in the designated driver for drinker contract; The employee should follow the directions of the employer, but the designated driver has the right of relative independent judgment; The designated not only should complete certain work and deliver the work product, but also should guarantee the security of the passenger; The carrier offer the car in the passenger transportation contract, and the passenger appoint the car in the designated driver for drinker contract.Designated driver for drinker contract is a kind of types-combination contract in mix non-typical contract. In the types-combination contract, one party owes to responsible for different types of contractual obligations, which should apple to pay the respective contract types of the law judge. For designated driver for drinker contract, the designated driver's contract obligation about transporting the passenger to appointed place may conform to relevant law about passenger transportation contract; and the designated driver's contract obligation about driving the vehicle to appointed place shall conform to relevant law about contracts for work.The designated driver's and passenger's rights and obligations are the important content of the designated driver for drinker contract. The designated driving service affects one's security, and only the designated driver can effectively control dangerous, so the designated driver must guaranteed the security of the passenger and vehicles.The principle of strict liability should apply to designated driver for drinker contract. The injuries and deaths of the passenger, the damage of the car and the damage of the goods inside the car all apply to the principle of strict liability. If the designated driver take place traffic accidents because of misoperation, misjudgment or moving violation in the course of providing designated driving service, the passenger can claim tort liabilities and also can claim liability for breach of contract according as contract. However, if the designated driver doesn't violate traffic rules, and also try to find, judgment and avoid dangerous, the passenger only can claim the liability for breach of contract according to contract, but can't claim liability for tort liabilities.Put on previous record, government daily and implementation of the routine sample text is suitable for the regulation of the form clauses of designated driver for drinker contract. The form clauses of designated driver for drinker contract reflect only the unilateral purpose of the designated driver, this will lead to the rights and obligations unbalance between the bilateral party, and also lead to the unreasonably reduction of the risks of the designated driver, so it is necessary to rule it.