Imputed Contributory Negligence
Date Issued
2015
Date
2015
Author(s)
Chen, Tzu-Hsuan
Abstract
The legal effect of contributory negligence in law of damages is provided by Article 217 of the Civil Code of the R.O.C. The paragraph 1 in this Article stipulates about the contributory negligence of the victim himself, and furthermore the paragraph 3 in the same Article regulates about when the victim should bear the third person’s contributory negligence. That is to say, although the victim himself is free from contributory negligence, in some situations it is likely to impute the third person’s negligence to him. According to the meaning of the paragraph, the third person must be “the person performing the obligation for the injured person” or ” the agent of the injured person”. In other words, if the third person fits the element of the paragraph, the victim should take responsible of the third person’s contributory negligence. However, the coverage of the “the person performing the obligation for the injured person” and “the agent of the injured person” are not without question at all. This thesis is going to start with the theory of the imputed contributory negligence, and try to find out the context of thinking on the issue of that the victim should or should not take responsible of the third person’s contributory negligence. Hope to clarify the concept of “the third person” on this issue. Moreover, it is generally recognized that the direct victim’s contributory negligence should be imputed to the indirect victim when the latter sues the tortfeasor. This thesis is also going to discuss this issue more deeply. At last, combine the type aforementioned, this thesis is of the opinion that we can all base on the paragraph 3 of the Article 217 as the legal basis on the issue of the imputed contributory negligence. Besides this thesis advises to delete the “the agent of the injured person” in the paragraph, and change the “the person performing the obligation for the injured person” into “ the care assistant of the injured person” in order to get matching with the meaning of “the third person” on the issue of imputed contributory negligence.
Subjects
contributory negligence
comparative negligence
impute
care assistant
agent
Type
thesis
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