Tort Law: English, Islamic, and Chinese

Introduction

  • A Tort Law is a collection of rights that are applied in court proceedings that are utilized to provide relief to people that have suffered from the wrongdoings of others.
  • Interpretation of the law differs from one country to another.
  • The plaintiff should explain how the actions of the other party were not appropriate.
  • Necessary pieces of evidence should be provided to support the claims of an injury or a material loss.

The English and the Islamic Tort Laws

  • The English Law of Torts is focused on the differentiation of criminal acts and civil wrongs.
  • The Islamic Tort Law is concentrated on actions that are allowed and the ones that are prohibited.
  • The utilization of the concept of causation is quite similar.
  • The English law system is focused on the identification of a relationship between the negligence of one person and the losses of a plaintiff.
  • The Islamic Law system tries to determine the connection between the actions of an individual and the damage that has been caused.
  • Employers are responsible for unlawful acts of their employees most of the time if they are executing orders or follow the instructions according to both English and Islamic laws.
  • A control test is required to determine the level of responsibility, and several core factors such as the behavior of the workforce should be taken into account.
  • Workers may not be regarded as responsible for the damage that has been done because they are trustees and perform orders on an authority according to the Islamic Law.
  • English Tort Law suggests that monetary compensation is required, but self-help may be utilized as a form of punishment in some situations.
  • Blood money is used as compensation according to Islamic law if the actions of an individual have led to death of an injury.

The English and the Chinese Tort Laws

  • Assumptions of liability are quite similar in both cases.
  • Money is utilized as a primary form of compensation for torturous actions.
  • The value of the property that has been damaged is evaluated depending on the period of an incident according to the Chinese Tort Law.
  • All medical expenses should be compensated if the plaintiff suffered an injury as a result of a wrong-doing.
  • A tortfeasor should halt activity if it is viewed as a significant threat to the health and well-being of another system, according to English and Chinese laws.
  • The defendant is responsible for reputation restoration if it is necessary.
  • The Law of Tort in China supplements positions of intellectual property legislation, and all of the standards and guidelines should be followed.
  • The damage related to intellectual rights in both English and Chinese laws must be based on appropriate legislation for an individual to be liable.
  • Every single person that has supported or participated in a breach is viewed as legally responsible for such actions.
  • Joint liability is utilized when acts that have led to the tort cannot be divided.
  • A legal test may be required to determine the level of responsibility, and an individual approach to each case may be necessary.

Conclusion

  • A similarity between such concepts as causation and liability is quite significant.
  • A difference in punishment is a critical aspect that needs to be highlighted.
  • It has been identified that one of the reasons Chinese Law of Torts resembles one of England is because of a similarity between law systems.
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