The Tort Liability of Infringement upon Illegal Plaintiff
Date Issued
2015
Date
2015
Author(s)
Chang, Wen-Kai
Abstract
The thesis “The Tort Liability of Infringement upon Illegal Plaintiff” focuses mainly on how an unlawful conduct of the plaintiff can affect his right of compensation in tort cases. The aim of the first chapter is to correctly find out the role of “illegality of plaintiff” in a tort case under taiwan civil law. The precedent of taiwanese court and the doctrine of ex turpi causa in common law both seem to take “illegality of plaintiff” as a reason to negate a duty of care or a special defence. However, through a detailed analysis, the thesis believes that by practicing the inherent constitutive requirements of tortious liability in each case presicely, we can deal with this problem and reach a reasonable solution in exisiting legal framework already. In the second chapter, the thesis points out that when the damage of the plaintiff is deemed “illegal” due to his own illegality, this damage can not be compensated. The reason to refuse the compensation of “illegal damages” is to maintain the integrity of legal system. Therefore, whether the damage is “illegal” or not should be based on the interpretation result of the integrity of law.
Subjects
illegal plaintiff
Type
thesis
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ntu-104-R01a21031-1.pdf
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