Volume 22, Issue 77 And 78 (9-2017)                   __Judicial Law Views __2012__, 22(__59__): __22440 | Back to browse issues page

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Badini H, Aghdastinat H R. An Analysis of Normal Risks of Life and their Role in Scope of Tort Law. دیدگاه‌های حقوقی. 2017; 22 (77 and 78) :1-40
URL: http://jlviews.ir/article-1-966-en.html
1- Tehran university , hbadini@ut.ac.ir
2- Tarbiat-e-Modares University
Abstract:   (429 Views)

Abstract

Normal risks are limitations of social life that are different in various situations and are not separable from the essence of life. When these risks make damages to persons, the main question is that weather the approach of tort law towards the compensation of them should be different from other risks or not and what is their role in liability. In this research, after using analytical and comparative methods, it has been concluded that enforcing remedy policies towards damages arising from normal risks is unreasonable and may cause some further damages to the society. So, it is necessary to distinguish between normal and abnormal risks and make remedy policies more sensible. Thus, it should be taken into consideration that in elements of liability, an effective factor of attribution (which is different from causation) is that loss must not arise from normal risks. In order to realize normal risks, in each case, a total number of criteria should be taken into account. Considering this idea, besides economic efficiency, leads to restriction of liability scope in possible cases and protects human being’s liberty, the interest which tort law always seeks to bring its balance along with security interest.
 

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Type of Study: Research | Subject: Pivate Law
Received: 2017/02/23 | Revised: 2018/04/16 | Accepted: 2018/01/16

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