The Reconstruction of Comparative Negligence
Date Issued
2007
Date
2007
Author(s)
Huang, Yu-Min
DOI
zh-TW
Abstract
Our Civil Code, Article 217:If the injured person has negligently contributed in causing or aggravating the injury, the court may reduce or release the amount of the compensation. If the reason of a grave injury was unknown to the debtor and the injured person has omitted to call the attention of the debtor beforehand, or to avert, or mitigate the injury, the injured person will be deemed to be negligently contributed in the injury. The provisions of the preceding two paragraphs shall apply mutatis mutandis to the situation when the agent of the injured person or the person performing the obligation for the injured person has negligently contributed to the injury. is the alleviation rule of 「all or nothing 」.
In the United States, comparative negligence is a partial defense that reduces the amount of damages that a plaintiff can recover in a negligence-based claim based upon the degree to which the plaintiff's own negligence contributed to cause the damages. When this defense is asserted, the fact-finder, usually a jury, must decide the degree to which the plaintiff's negligence versus the combined negligence of all sued defendants contributed to cause the plaintiff's damages. It is a modification of the doctrine of contributory negligence, which disallows any recovery by a plaintiff whose negligence contributed, even minimally, to causing the damages. How to define Article 217 and comparative negligence is the core of this thesis.
In the United States, comparative negligence is a partial defense that reduces the amount of damages that a plaintiff can recover in a negligence-based claim based upon the degree to which the plaintiff's own negligence contributed to cause the damages. When this defense is asserted, the fact-finder, usually a jury, must decide the degree to which the plaintiff's negligence versus the combined negligence of all sued defendants contributed to cause the plaintiff's damages. It is a modification of the doctrine of contributory negligence, which disallows any recovery by a plaintiff whose negligence contributed, even minimally, to causing the damages. How to define Article 217 and comparative negligence is the core of this thesis.
Subjects
與有過失
過失相抵
真正義務
不真正義務
事理辨識能力
共同過失
比較過失
損害賠償
negligence
comparative negligence
contributory negligence
damages
risk of assumption
Type
thesis
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