U5-2

Introduction

Aim

Analysis two cases and present the judgment in China and UK. Find the differences between the low of China and UK and give the personal views of these cases.

Background

Case 1

A bus belonging to Xiamen Bus Co Ltd had hit a school child on the pedestrian passing zone and was killed. Upon the occurrence of accident the driver was arrested by the police for killing in negligence. The deceased child’s family (the claimant) sued the driver who was sentenced for 1 year imprisonment. The family was failed to get the satisfactory compensation as the driver is unable to pay the full award. If the same case were occurred in UK, How do you think the claimant position in getting the necessary award?

Case 2

A peasant (the claimant) from the suburb of Jilin was going to downtown and met another peasant he was acquainted of (the defendant). The defendant had a cart with motor used for transporting small items and was intended to bring some goods from the downtown. It was not allowed to use this type of cart to carry passengers. However, the peasant insisted to have a ride. Before arriving the downtown, the cart was hit and overturned by a military jeep and both of them were overthrown and injured. The claimant sued the defendant for his injury. The defendant ended up for an imprisonment in the jail. How this case may be held by the court if it was occurred in a country of the law of tort?

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