Article 1244
Where responsibility for a high degree of danger is borne and the law provides for a limit of compensation, follow those provisions, except where the perpetrator is intentional or grossly negligent.
1. The main purpose of this article
This article is about the limits of liability for high hazards.
II. Evolution of the Provisions
Article 77 of the original Tort Liability Law stipulates: "Where a person bears a high degree of liability and the law stipulates a limit of compensation, the provisions thereof shall prevail." "In the course of the compilation of this Law, some opinions have suggested that high-risk liability is no-fault liability, and that the tortfeasor's fault should not be taken into account to bear such liability; Therefore, on the basis of the general limitation of compensation rule in Article 77 of the original Tort Liability Law, this article adds the proviso clause "except where the actor has intentional or gross negligence", that is, in the case of intentional or gross negligence of the actor, the special limitation of liability rules shall no longer be applied.
3. Interpretation of Provisions
This article regulates the limits of liability for high hazards.
Limitation of compensation refers to the tort liability system in which the actor's behavior has constituted tort liability, and in the case of special provisions of the law, the full compensation liability is not applicable and the limited compensation is implemented in accordance with the law.
The applicable elements of the limited compensation provided for in this article are: (1) the infringer has determined that he should bear the tort liability and bears the liability for high risk, and (2) the law provides for the implementation of limited compensation for such high risk liability. According to this provision, the limited liability system for high hazard under this chapter may be applied as long as the law provides for limited compensation.
At present, there are three different methods of compensation in mainland China: (1) the total amount of liability for damages that an enterprise should bear, such as a maximum of 300 million yuan plus 800 million yuan for damage to nuclear facilities and materials. (2) Stipulate the limits of compensation for individual victims, such as the liability for damage caused by rail transport and the liability for damage caused by air transport, with the maximum limits of RMB 150,000 and RMB 400,000 respectively for individuals. (3) Stipulate both individual and aggregate limits, such as compensation for damage caused by sea transportation.
There are two types of objects to which the limitation of compensation is applicable: (1) The damage of the parties to the contract, such as the limitation of compensation for the damage of railway transportation, air transportation and sea transportation, is stipulated and applies to the damage of passengers, and does not apply to the damage of other persons outside the contract of carriage. (2) It includes both the damages of the parties to the enterprise contract and the damages of persons other than the parties to the contract, such as the liability for damage to nuclear facilities and nuclear materials.
In the case of high risk liability, the exclusion of limited liability is applicable in the case that if the actor is intentionally or grossly negligent in the high risk liability for causing damage to the infringed party, the limited compensation rule does not apply, and the actor shall bear all the liability for compensation.
4. Cases
At present, there are very few judicial cases in mainland China in which the compensation limit system is applied under various causes of action for high risk liability. The compensation limit system is mainly applied in disputes over contracts of carriage of passengers or goods by air or rail, as a limitation on the amount of liability for damages for breach of contract borne by the carrier in the event of a breach of contract that causes the shipper to suffer property losses, for example, Dong Moujian and China Eastern Airlines Co., Ltd. Northwest Branch and other air passenger transportation contract disputes. There is a vacancy in typical cases where the limitation of compensation system is applied in the case of high risk liability as tort liability.