The Quarterly Journal of Judicial Law Views

The Quarterly Journal of Judicial Law Views

An Analysis of Normal Risks of Life and their Role in Scope of Tort Law

Authors
Hassan Badini 1
Hamid Reza Aghdastinat 2
1 Tehran university
2 Tarbiat-e-Modares University
Abstract
Abstract

Normal risks are limitations of social life that are different in various situations and are not separable from the essence of life. When these risks make damages to persons, the main question is that weather the approach of tort law towards the compensation of them should be different from other risks or not and what is their role in liability. In this research, after using analytical and comparative methods, it has been concluded that enforcing remedy policies towards damages arising from normal risks is unreasonable and may cause some further damages to the society. So, it is necessary to distinguish between normal and abnormal risks and make remedy policies more sensible. Thus, it should be taken into consideration that in elements of liability, an effective factor of attribution (which is different from causation) is that loss must not arise from normal risks. In order to realize normal risks, in each case, a total number of criteria should be taken into account. Considering this idea, besides economic efficiency, leads to restriction of liability scope in possible cases and protects human being’s liberty, the interest which tort law always seeks to bring its balance along with security interest.
 
Keywords
Keywords: Attribution (Imputability)
Basis of liability
Common act criterion
Lawful damages
Social Contract
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