2013 Fiscal Year Final Research Report
On Image of Victim in Tort Law: In the Context of Duty of Care and the Level of Care
| Project/Area Number |
23730078
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| Research Category |
Grant-in-Aid for Young Scientists (B)
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| Allocation Type | Multi-year Fund |
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| Research Field |
Civil law
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| Research Institution | Otaru University of Commerce (2012-2013)
Hokkaido University (2011) |
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Principal Investigator |
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| Project Period (FY) |
2011 – 2013
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| Keywords | 民事法学 / 損害賠償 / 注意義務 / 素因 / 法の経済分析 |
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| Research Abstract |
This study reviews the image of victim in tort law and being based on this analyzes and resets the duty of care and the level of care of the wrongdoer and the victim. In Japanese tort law damages are reduced in instances where the damage in the case is caused/increased by the victims' physical/psychological Predisposition and any damage cannot be disaggregated. In this case the duty of care and the level of care required for the wrongdoer and the victim are set up depending on whether or not to consider victims' Predisposition. Although the duty of care and the level of care are set up for "Normal Person" so far, this study concludes that the duty of care and the level of care could be optimized by positing the victim as the person of "Minimal Resistance"
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