Part of The Student Room Group

  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

Chinese Law case - dangerous water heater in an apartment

Extracts from this document...

Introduction

Chinese name: ??? English name: Ayuki Student numbers: 41106954 I Be the Judge Case for Carbon Monoxide Poisoning Facts Two students of Tian Fu College died in their rental housing outside of their school on February 24th, 2012 of Friday night, Because of Carbon Monoxide Poisoning. And after the accident, the two students' parents (P) sued the school (D1) and the landlord (D2). At trial, P introduced that because of school's improper supervision, which indirectly caused the accident, school should bear a party of responsibility. However, P also showed that the usage of straight platoon-type gas water heaters. The survey showed that the straight platoon-type gas water heaters' combustion required oxygen from indoor and the burned gases also emission in the interior. Due to the limitations of its produced structure and conditions of use, the user, if inadvertent, could result in casualties. In order to protect the personal safety of consumers, so from October 1, 1999, the government decided to prohibit the production of straight platoon-type gas water heaters. ...read more.

Middle

Therefore, oral negotiation lease contract is protected by law. The victims hired a room and payoff the rent, in actually, their behavior that equal the contract. According to "The provisions of the Contract Law of the People's Republic of China, article 216, "in accordance with the contract, the lessor shall deliver the lease item to the lessee, and in the lease term, keep the lease item fit for the prescribed purpose." In other words, the landlord has the obligation to ensure that house which rental for tenant conform to the safety of living standards, not a security risk, especially in water, electricity, gas and so on. If rental housing unsafe, then the accident happened, even if tenant haves fault in the accident, the landlord will bear the responsibility. Obviously, the landlord doesn't fulfill this obligation; he/she provided the illegal straight platoon-type gas water heaters which already prohibit using by government, it violated the state rules. So the landlord can't shirk his/her responsibility in this accident. ...read more.

Conclusion

impose confiscate the illegal income, if the circumstances are serious, shall revoke the business license; if the case constitutes a crime, shall be investigated for criminal responsibility." In this situation, the manufacturer and the distributor both should bear the punitive damages. Summary To sum up, under the circumstances of this case, we conclude that decedent's injuries were not the any acts of negligence by school, rather, the decisions and conduct of the landlord were the substantial factor that brought about the injuries. The landlord breached the rules of state that installed the illegal straight platoon-type gas water heaters, the landlord violated the safety guarantee obligation, and he/she shall bear the compensatory damages of the civil liability. However, the manufacturer has the strict liability to provide a legal product for their customers. According to the actual situation, if the manufacturer and the distributor's conduct were proximate cause in bringing about the death of the decedent, according to the comparative negligence, besides landlord all they shall bear the responsibilities on the basis of their respective proportions of negligence. ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our International Baccalaureate Business Studies section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

or


Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related International Baccalaureate Business Studies essays

  1. Starbucks expansion into China

    This is especially true when planning for international marketing. The increasingly optimized Chinese macro- economic environment provided realistic guarantee and broad prospects for foreign investment. During the past 20 years of reform and opening up, the national economy has been keeping a high-speed development with an average increase speed of two -digits, a and has topped the countries all over the world.

  2. AVCE Unit-3 Marketing

    This is why Cadburys has decided to launch once again a sugar-free chocolate by having a lot of market research and bringing its brand loyalty into the market. Cost: Diabetic chocolate costs a lot extra, more than our other chocolates because it is a specialized chocolate for people with special needs.

  1. BP Financial analysis

    Other Businesses and Corporate Segment (inc Alternative energy) For fiscal year 2009, the other businesses and corporate division accounted for revenue of USD$ 2,843 million, representing a decrease of 38.65% over revenue in 2008. The company's capital expenditure totalled USD$ 1,299 million, as compared to USD$ 1,839 million in 2008.

  2. Business plan for a manufacturer of luxury, eco-friendly cars.

    who tend to own this amount of disposable income, we are targeting a market not yet fully addressed. Our biggest competitor for this would be Lexus, who boast green credentials, but also comfort. We hope to create a brand that is associated with high quality and professionalism that Lexus have failed to create.

  1. Case study - the following will explore the possible causes of why overseas Chinese ...

    The magazines and news papers in China always reports the latest fashion news from Topshop. Girls discuss about Topshop in every fashion BBS. With the expectation of Chinese young consumers, Topshop signed a document with Zhengda square in Shanghai and opened their first retail in China in 2008 and it

  2. Walt Disney: Case study

    New technologies for example the convergence of computing, connection, and entertainment apparatus, the dropping charges of apparatus integrating such technologies, and increased broadband internet pace and penetration have made the unauthorized digital making a duplicate and distribution of movies, TV productions and other creative works simpler and much quicker and enforcement of intellectual house privileges more challenging.

  1. Barilla Case. To make Barilla, the number one manufacturer of pasta Barilla employs ...

    to quickly produce a particular pasta that had been sold out due to unexpectedly high demand.? (Barilla Case, Page 7) To take a look at the logistics situation at Barilla, we will look at both the quantitative and qualitative aspects of the situation.

  2. Questions on Globalisation and International Trade

    be able to seriously erode a small firm's competitive position before the small firm understands the source of its competitor's competitive advantage and can take appropriate counter actions. 3. How have changes in technology contributed to the globalization of markets and of production?

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work