An Analytical Approach to Quantifying Fault Criterion and ‎Establishing an Incentive System for Preventing Loss in Civil Liability ‎through the Application of the Hand Formula: A Comparative Study in ‎Iranian and US Law

Document Type : Research Paper

Author

Department of Private Law, Faculty of Theology and Islamic Studies, Shahid Madani university of Azarbijan, Tabriz, Iran

Abstract

The efficiency of law enforcement is greatly influenced by the openness of the laws. Clear laws make it easier for courts to identify at-fault parties and the level of damage while also enabling law-abiding persons to lessen their liability by taking preventative actions. The Doctrine of Care, which enables the determination of the presence or absence of a duty of care by a mathematical formula, is one of the practical rules pertaining to the existence of a duty of care. There are certain circumstances in Iranian law where adopting precautions results in much lower costs than making up for harm. However, due to the absence of a similar doctrine, such a duty is not imposed on individuals. This issue challenges the effectiveness of civil liability rules in Iran. This paper will demonstrate that the application of the Doctrine of Care in Iranian law leads to a reduction in the occurrence of damages through the use of reasonable and customary precautionary methods. It also facilitates the decision-making and review process within the courts. Applying the Doctrine of Care can establish a legal duty of care, incorporating the aforementioned doctrine into civil liability law as a general rule in Iranian law.

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Comparative Law Review
Volume 15, Issue 1
Espring & Summer
July 2024
Pages 345-363

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