Introduction The formal legal rules governing tortious behaviors in post-Mao China can be traced back to the General Principles of the Civil Law (Minfa Tongze, hereinafter as “General Principles”) promulgated in 1986. Since then, tort disputes have become a main type of cases litigated in courts. In 2007, the number of tort cases accepted by Chinese courts totaled to about 863,000, and in 2008,...

This article examines Stapleton's view that insurance has lacked influence and been no more than a 'makeweight' argument in the development of tort liability. Looking at the wider context, the article describes the overwhelming importance of insurers to the litigation system and argues that all cases are affected by insurance practice. It distinguishes the effect of insurance upon judicial fact...

This paper studies an economic model of tort liability rules and considers litigation between a firm and a consumer, under the assumption that the consumer may not perfectly observe the firm’s action. We compare two alternative tort liability rules: the Negligence rule and strict liability with contributory negligence. We consider the noiseless case as a benchmark, and show that under those two...

according to article 3 of civil responsibility law (tort law), it is necessary for the judge to determine the amounts of damages by considering the  circumstances of the case. one of the instances of  such circumstances which may have an impact on determination of the amount of damages, as mentioned in article 4(2) of tort law, is financial status of the person causing the loss. following the s...

in the case of abuse of right  of  freedom of trade, intentional fault or negligence, resort  to unlawful means and act contrary to professional ethics and in general, fulfillment of conditions of compensation of loss according to governing rules in legal systems, commercial rivals have tortious liability within the framework of traditional principles of tort law. nowadays, day by day, cases of...

This paper studies driving factors behind the timing of state-level tort reform enactments between 1971 and 2005. Using discrete time hazard models, we find the level of litigation activity, as measured by incurred liability insurance losses and premiums, number of lawyers at the state level, and tort cases commenced at the state level and national level, to be the most important and robust det...