Special Provisions on Liable Parties

Abstract

Chapter 4 of the “Tort Law” is called “Special Provisions on Liable Parties,” which, from Article 32 to Article 40, specifies six specific tort liabilities: (1) guardian’s responsibility; (2) temporary loss of consciousness or control by a person with full civil capacity; (3) employer’s liability; (4) infringement via Internet; (5) breach of duty of care; and (6) school injuries. The reason to specifically organize these six tort liabilities in one chapter is because they are very different from other tort liabilities in form—they are all vicarious liabilities, accompanied with a little bit supplemental liabilities and joint and several liability. Thus, it is not difficult to understand why the title of this chapter includes “Special Liable Parties”—most liabilities specified in this chapter are in the form of vicarious liabilities.