From: lu tong <qixiaohuan628@163.com>
To: obligations@uwo.ca
Date: 23/07/2014 09:01:35 UTC
Subject: Some thoughts about about wrong and liability.

Dear all,

I am a new member of the ODG. Nice to meet you all here and thanks a lot for Professor Jason Neyers!

I don't know if we could discuss some issues about wrong and liability.

Since we are entitled to have a  right by law, we should try to relize it. The method to realize a right includes: positive methods and negative methods. Positive methods include positive pursuing advantages of right and positive avoiding disadvantages of embarrassment of right.Negative methods include remeding the embarrassment of right.The embarrassment of right includes harm to right and disputes to right.

    POSITIVE METHODS: (BEFORE THE APPEARANCE OF EMBARRASSMENT OF RIGHT)

    A: exercising another right to pursue advantages,such as exercising my property right by reading or selling a bookp;requiring the other party to give me the sum of money for my house according to a contract which sells my house.
    B: exercising another right to avoid disadvantages, such as requiring others to fulfill their duties,such as requiring others not to injure my body;
    C:fulfilling an other duty to avoid disadvantages,such as fulfilling my own duty of care of my own safety.
   
    NEGATIVE METHODS: (AFTER THE APPERANCE OF EMBARRASSMENT OF RIGHT)
 
    A: exercising another right to remedy the harmed right,such as buying some medicine to cure my ill or going to the hospital to cure my disease;
    B: exercising another right to remedy the disputed right, such as filing an action in the court or filing an application for workers'compensation.
    
Liability is the the final outcome or representation of the remedy for the  embarrassment of right.So,it can only occure after the appearance of the embarrassment of a right .The most important foundation of liability is the embarrassment of right and wrong is not always the foundation of iability.So liability can be classified into wrong-based liability and non-wrong-based liability.Each embarrassment of right must be based on wrong or not on wrong 
actually.So,the so-called strict liablity actually arises on wrong or not on wrong.So the strict liability can be finally classified into wrong liability and non-wrong liablity.It is actually a midway form of liability.

The non-wrong-based liability is actually a societal remedy of right and the wrong-based liability is not societal remedy of right, such as civil liability and criminal liability. Liability arising from public law is not always societal liability.Insurance,liability insurance,social security are societal liability.


I don't know if I am reasonable and I hope I could have the honor to discuss these issues with you.

Thanks a lot.

Lutong.