| What is the carrier’s liability for passengers when the third-party causes personal interests to be impaired? The protection of the inherent interests of our country involves both tort law and contract law,if personal injury caused by the third party to the passenger,the carrier may also violate the obligation of communication security and the protection obligation in contract law.At this point,the carrier’s liability will show a large effect difference depending on the classification.For this,the "obligation confirmation-obligation breach-liability" approach may be taken,to analyze the nature of the obligation to protect passengers from the third-party’s harm,and to clarify the recognition criteria of the breach of obligations,and then to confirm the carrier’s liability.First,in the contract of carriage,the carrier’s payment obligation is to transport,that is,to change spatial position.According to the nature and purpose of the contract of carriage,the carrier’s primary obligation extends the incidental obligation-the duty of protect,which is to take care of and protect the personal interests of the passenger from harm.Preventing the third party from causing damage to passengers is the embodiment of the carrier’s obligation of protection.The carrier’s obligation to protect passengers is rooted in the principle of good faith.Its legitimacy is based on the reasonable trust of passengers to the carrier and the close ties between the two parties.Generally speaking,the obligation to carry civil air defense from the third party to cause damage to passengers can be broadly summarized as the obligation to ensure the safety of the transportation environment,the obligation to help passengers and the obligation to warn and remind of potential dangers.This kind of obligation is actually an extension and extension of the content of the transportation contract,so it has the nature of contractual obligation.Secondly,the identification of the carrier’s obligation to prevent the third party’s harm.In general,unsafe driving in transit is closely related to transport and so it’s most likely to be identified as a breach of protection obligations.If the carrier fails to fulfill its obligation to provide safety services,or fails to assist the passenger,or doesn’t stop the dispute from spreading,it will cause the personal interests of the passenger to suffer damage from the third party,and carrier also violates duty of protection.The determination of the carrier’s protective duty is related to three factors: the first is the carrier’s ability to prevent and control the hazard that occurs,the second is the cost of the carrier’s obligation to protect the passenger from third-person’s harm,and the third is the time and place where the hazard occurs.Finally,if the carrier has breached its duty of protection against third-party’s harm,his liability needs to be considered.The carrier’s obligation to protect is essentially an instrumental obligation,the rules and standards of breach of obligations should be attributed to fault,unless the passenger’s damage is closely related to transport.The normative value of article 302 of the Contract Law,which focuses on the protection of the interests of passengers in legislation,is also known in view that the risk of harm to passengers in transit is mostly related to the conduct of the carriage.However,the legislative intent of this article is not to attribute all risks of carriage to the carrier.In those cases where third-party’s harm has little to do with transport,the carrier’s fault attribution in breach of protective obligation is conducive to maintain the unity of internal and responsible effects of the legal system.As far as the scope of the carrier’s liability is concerned,the obligation to protect derives from the principle of good faith,so the carrier’s liability for the third-party casualties includes moral damage and the predictability rule is not applicable.Besides statutory exemptions,the carrier’s liability is also exonerated in some circumstances,for example,the carrier has made every effort to fulfill his obligation to protect but the damage still occurs.When the passenger is also at fault for his own damage,according to the rules of fault,the carrier’s liability shall be reduced.In order to avoid the obligation of protection becoming a harsh super-debt,the most feasible approach is to examine whether the carrier’s conduct constitutes a breach,starting with the application of article 121 of the Contract Law,which needs to be determined in the light of the content and extent of the carrier’s obligation to protect.The carrier’s liability is direct and partial,but when applied to article 121,all damages should be compensated firstly,and the part outside his liability should be recovered from the third-party. |
