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Is the doctrine of equitable liability in Chinese tort law equitable?

Research output: Journal Publications and ReviewsRGC 21 - Publication in refereed journalpeer-review

Abstract

The doctrine of equitable liability in Chinese tort law requires the defendant-actor to share the losses of the victims in non-tortious incidents on the grounds of equity. Little is known about how this doctrine has been applied in practice. A case study presented in this article indicates that the excessive and arbitrary application of the doctrine in current judicial practice may result in unfairness and inequity to the defendant-actor as well as to uncertainty and inconsistency in the law. This article proposes that the doctrine of equitable liability should either be abolished, or be strictly and exceptionally applied, in future judicial cases.
Original languageEnglish
Pages (from-to)56-74
JournalTorts Law Journal
Volume22
Issue number1
Publication statusPublished - 2014

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