• 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

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. Walt Disney: Case study

    So, in the jump of 2005, the business will start an 18-month commemoration, which will be discerned not just in Anaheim, but in all of their parks. Using data system SSM is a procedure utilised as scheme considering that considers conclusions of a scheme as being the merchandise of its

  2. Starbucks expansion into China

    Western culture by the media, such as TV programs, and accept it easier than person in the suburbs, where is poor and lack of communications. It appeals to the huge number of expatriate living in China. It is reported that Westerners and businessmen from Hong Kong and Taiwan represent 30% of customers at chained caf�s such as Starbucks (Carter, 2004).

  1. AVCE Unit-3 Marketing

    Yes = 37 No = 13 14. Do you think this would encourage Diabetic people to eat low-calorie, sugar-free chocolate? Yes = 34 No = 16 Evaluation of the Results 1. Age Group: As you can see form the graph that old people and young children have participate most in

  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. Antitrust Law and the case of Microsoft.

    Microsoft also understood that within competitive market strategies for continual improvement and innovative products are a key ingredient for success (Hisrich & Shepherd, 2010).

  2. TATA case

    This environment provides for everything from detailed work instructions and program code for automated plant equipment, to validation of the overall throughput with material flow simulation. All of this can be developed in parallel with the product design, allowing manufacturers to ramp up production of new products more rapidly, with higher quality, and at a lower cost.

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

    Furthermore, even though Barilla produces a variety of pasta styles, it takes a long time to switch over from a batch of one pasta type to another. ?For example, the specific sequence of pasta production necessitated by the tight heat and humidity specifications in the tunnel kiln made it difficult

  2. Questions on Globalisation and International Trade

    How might the Internet and the associated World Wide Web impact international business activity and the globalization of the world economy? Answer: According to the text, the Internet and World Wide Web (WWW) promise to develop into the information background of tomorrow's global economy.

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