按照被侵权人受到的损失赔偿.ppt

Doctrine of strict liability Burden of proof: The product is defective The defect existed when the product was put into the market The defective product caused the detriment to the claimant China – Tort Law: Article 41 Where a defective product causes any harm to another person, the manufacturer shall assume the tort liability. Article 42 Where a product with any defect caused by the fault of the seller causes any harm to another person, the seller shall assume the tort liability. Where a seller can neither specify the manufacturer of a defective product nor specify the supplier of the defective product, the seller shall assume the tort liability. Article 43 Where any harm is caused by a defective product, the victim may require compensation to be made by the manufacturer of the product or the seller of the product. If the defect of the product is caused by the manufacturer and the seller has made the compensation for the defect, the seller shall be entitled to be reimbursed by the manufacturer. If the defect of the product is caused by the fault of the seller and the manufacturer has made the compensation for the defect, the manufacturer shall be entitled to be reimbursed by the seller. EU - Doctrine of strict liability - Directive 1985 Causation Causation is the causal relationship between conduct and result. Cause in fact - But for test Proximate cause – Forseeability test Intervening Cause Compensation of damage Compensatory damages - Damages for personal injury and property damage Damages for psychiatric injury Punitive damages Compensatory damages 1. Damages for personal injury ,including: (I) Medical costs; (ii) loss of earnings; (iii) Other costs; Damages for property damage - the direct loss of the damaged property 中国 – 补偿性损害赔偿 造成人身损害的，侵权人应当赔偿医疗费，护理费和交通费等为治疗和康复指出的合理费用，以及因误工减少的收入，造成残疾的， 还应当赔偿残疾生活资助具费和残疾赔偿金。造成死亡的，还应当赔偿丧葬费和死亡赔偿金。 因同一侵权行为造成多人死亡的，可以以相同数额确定死亡赔偿金。 造成财产损失的，按照被侵权人受到的损失赔偿，被侵权人的损失难以确定，侵权人因此获得利益的，