The Application Of The Principle Of Reliance In The Field Of Tort Law

The principle of reliance in civil law system, which is studied in this paper, gets less attention from most scholars in the field of tort law. The law is needed to suppose and build, but the application of the principle of reliance in the field of tort law is not absolutely a supposition because the application has a strong legal basis and sets up a good precedent. The paper based on the clear definition of the principle of reliance analyses the difference between the principle of reliance and the related theories and seeks the developed and broad space in the field of tort law for the principle of reliance. Meanwhile by analyzing the theory’s basis of the principle of reliance which provides a reasonable comerstone for the theory’s system of the principle of reliance, the paper prints out the core of the system that is the principle of reliance Through affecting restricted distribution of the duty of care or the share of the duty of care onnegating behavior persons it achieves the goal of reducing or remitting the responsibility of negligence. Besides, this paper introduces the applicable conditions, scope and limitations after analyzing the existence value of this system. Finally the paper makes a specific and deep discussion by the application of the principle of reliance in specific field----medical negligence. The paper has three parts: introduction, body and conclusion. The text is divided into four chapters.The first chapter is the outline of the principle of reliance. At first the chapter gives a thorough analysis about the close related concepts of the principle of reliance and the reliance interest. On the basis of that it introduces the origin, meaning and function of the principle of reliance and by comparing the principle of reliance and the related theories it points out the principle of reliance can be the leading basic principle in the field of civil law as well as the whole private law in modern times.The second chapter is the theory’s basis of the principle of reliance. The chapter analyses the relation of the principle of reliance and negligence theory first, which is the principle of reliance can be generated with the development of the negligence theory. On the basis of that it discusses the effect that the society equivalence theory and permissible risk theory and dangerous distribution theory have on the principle of relianceThe third chapter is applicable conditions, scope. After analyzing the possibility that the principle of reliance gets in the field of tort law, the chapter puts forward necessary objective condition and subjective condition for the principle of reliance. At the same time it makes an analysis on the applicable limitation of the principle of reliance and then discusses the applicable condition, scope and limitation of the principle of reliance in the specific field of the tort law----medical negligence.The fourth chapter is the application of the principle of reliance in the specific medical negligence action. The chapter analyses the applicable condition and limitation of the principle of reliance in medical negligence action and discussed the application of the principle of reliance in medical negligence action. In the medical negligence action the principle of reliance not only exists among the medical staffs but also between medical staffs and patients. There are differences in the both applicable conditions...