Assessing Personal Injury Liabilities in China from National to Provincial Level: An International Comparative Analysis

Chan Felix W.H. (), Chan Wai-Sum and Li Johnny S.H.
Additional contact information
Chan Felix W.H.: Faculty of Law, University of Hong Kong, Hong Kong, People’s Republic of China
Chan Wai-Sum: School of Business, Chinese University of Hong Kong, Hong Kong, People’s Republic of China
Li Johnny S.H.: Fairfax Chair in Risk Management, Department of Statistics and Actuarial Science, University of Waterloo, Waterloo, Ontario, Canada

Asian Journal of Law and Economics, 2017, vol. 8, issue 2, 20

Abstract: In a tort-based legal system, when a party is injured as a consequence of another party’s negligence, the party should be provided with sufficient compensation so that he or she may live as fulfilling a life as possible after the injury. The moral objective underlying this supposition is intuitively appealing. It is not surprising, therefore, that this jurisprudential notion is favourably regarded and widely applied in various common law and civilian jurisdictions, despite differences in tradition and culture. Nonetheless, although the two bodies of law share a similar objective in this respect, there are a number of differences in the substantive content of the law and the configuration of the rules. The present authors argue, and provide empirical evidence to support, that there are signs of convergence as both legal systems are in fact applying the same multiplicand-multiplier approach in assessing the quantum of damages. Case studies in mainland China (concerning civil law) and in the United Kingdom and Hong Kong (regarding common law) are adopted as the research methodology to explore the broader implications of this convergence.

Keywords: actuarial evidence; multiplier-multiplicand approach; personal injury; quantum of damages; tort (search for similar items in EconPapers)
Date: 2017
References: Add references at CitEc
Citations:

Downloads: (external link)
https://doi.org/10.1515/ajle-2016-0015 (text/html)
For access to full text, subscription to the journal or payment for the individual article is required.

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:bpj:ajlecn:v:8:y:2016:i:2:p:20:n:2

Ordering information: This journal article can be ordered from
https://www.degruyter.com/journal/key/ajle/html

DOI: 10.1515/ajle-2016-0015

Access Statistics for this article

Asian Journal of Law and Economics is currently edited by Noriyuki Yanagawa

More articles in Asian Journal of Law and Economics from De Gruyter
Bibliographic data for series maintained by Peter Golla ().