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In a tort action, if the plaintiff’s claims are successful and no relevant defences are available to the defendant, the plaintiff will be entitled to an order or award by the court for an appropriate remedy. Such judicial remedies include:
damages
injunctions
declarations.
If the plaintiff seeks one of these remedies, the plaintiff must plead the details of the loss sustained (or that will be sustained), produce evidence to support them, and prove them on the balance of probabilities. Generally, the plaintiff bears the onus of proving such matters.
In addition, self-help remedies are available and include:
eviction of trespassers and re-entry of land
self-defence
abatement
apology.
The focus of this chapter will be on judicial remedies, especially damages.
The chapter focuses on the treatment of causation in Book VII on tort law of the Chinese Civil Code. After some remarks on the role that legislation can play in governing causation, the chapter reviews in a comparative perspective the location, breadth and content of general and special provisions on causation in the CCC. The analysis will show that what the CCC says on causation, and, perhaps more importantly, what it does not say, demonstrate a deep awareness of the relentless dynamics underlying tort law discourses and practices. Provisions on causation in the CCC strike a well-balanced compromise between the need of providing clear statutory guidance and the opportunity of allowing courts with substantial room to maneuver in light of the specific circumstances of each case.
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