Japan Society for the Promotion of Science:Grants-in-Aid for Scientific Research
Date (from‐to) : 2014/04 -2017/03
Author : Segawa Nobuhisa; HIGUCHI Norio; MAEDA Youichi; MIZUNO Ken; YONEMURA Shigeto; YOSHIMURA Ryoichi; OSAKA Eri; NAKAMURA Megumi; HIYAMA Emi; CHIBA Kazuki; SATOU Yuichiro; IKKA Tsunakuni; KURONUMA Etsuro; HARADA Masakazu; OSAWA Aya; YAMASHIRO Kazuma; ONODERA Michiko
Tort law is facing new problematics since 1990's, especially in the cases of living environment violation, market transactions troubles including business-to-consumer site, and life and medical service errors. In order to make tort law theory more compatible with today's tort cases, our study worked to elucidate the structural characteristics of these new problems. The study was done not only from the legal interpretational view point but also from the institutional and legislative view point. It points out the structural characteristics of these new problems. First, the extension of liability cause form negligence to scientifically uncertain risk leads to a transformation of the concept of negligence. Second, the extension of the protection by tort law leads to diversification of legal benefit. Third, the pluralization of those involved in injury leads to the necessity to coordinate each one's duty and his liability.