英国侵权法注意义务的流变——兼评其检验规则

注意义务是英美侵权法过失侵权责任构成的核心要素,对其存在与否及程度的判断是法官裁判和行为人承担过失侵权责任的前提和基础.注意义务在司法判例基础上确立和发展,其检验规则也在判例基础上由“二步骤”检验法发展为“三部分”检验法.对英国侵权法中注意义务及其检验规则的演进与发展的研究是深入研究英美侵权法的理论基础,具有重大的理论...

The Evolution of Duty of Care in UK Law of Tort——Comments on Its testing rules

Duty of care is the core ingredient of the responsibility composition of tort of negligence in common law.To judge whether there exists a duty of care and the degree is the precondition and basis for the judge to make a decision and for the doer to be held responsible for negligence.Duty of care is established and developed on the basis of cases and its testing rule Two-stage test evolves into Three-part test which is also based on cases.To do research on the evolution and development of duty of care and it...