Frequently asked questions about identification of tort and liability attribution
1. Is tort necessarily a breach of trust?1. Infringement, if the infringer is at fault subjectively, such as deliberate infringement or infringement due to poor consideration, it also constitutes an act of dishonesty. Subjective intentional infringement is malicious dishonesty, and subjective negligence infringement constitutes general dishonesty.
2. Infringement, if the infringement is caused by force majeure or other legitimate reasons, or the infringement is actively remedied or forgiven by the other party, it does not constitute a breach of trust.
3. The identification of untrustworthy behavior requires both objective and subjective elements. The objective element means that an act has damaged the legitimate rights and interests of others; the subjective element means that the perpetrator is at fault subjectively. , or: Injury to others through negligence such as inconsiderateness, overconfidence, recklessness and negligence. The identification of infringement only needs to meet the objective requirements, that is: whether there is an infringement fact.
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