Research On The Application Of Foreseeability Rule In Tort Law

Foreseeability rule originated in France,and then it was affirmed and developed in common law,which became an important theory in common law.It is not only used to limit the scope of damages for contract violation in contract law,but also used to judge fault and legal causation in negligence tort,which is of great value and significance.In contract law of China,foreseeability rule has long been an important standard to limit the scope of damages for contract violation,it limits the scope of the attainable interest to the scope that the breaching party can foresee.However,China has not explicitly applied it to tort law like common law.By introducing the relevant theories and cases of Foreseeability rule in common law,the author pointed out the theoretical provisions and practical application of predictability rules in common law,so as to learn from its rational aspects.At the same time,I pointed out that although this rule is indirectly reflected and applied in our legislative and judicial practice,it is still prudent to apply the rule in view of the prudence of theoretical reference and the differences between the written law system and the case law system.At present,the equivalent causality theory urgently needs to improve itself or introduces other rules to make up for the defects.Due to the shortcomings of the equivalent causality theory in the judgment of equivalence,the cases of compensation for high price caused by minor negligence occur frequently,so it is necessary to introduce the foreseeability rule in domestic tort law.And the equivalence and predictability are similar in nature,which establishes the possibility of using the foreseeability rule in tort law.On the basis of supporting the current theory,the author proposes to introduce the foreseeability rule to limit the scope of damages.The main method is based on the current situation of domestic tort law,explore the reasonable way of introduction,and build the application framework.The main path is to support the two-stage method of causation,on the basis of improving the standards of foreseeability,combining with policy factors,to limit the scope of liability with foreseeability rule,and to break the current dilemma caused by the equivalent causality theory.