Tortious Liability of the Infected with Covid-19 for Transmission of the Infection.
<strong>The responsibility of the person carrying the Coronavirus infection is determined by the presence of a legal duty in the Public Health Law that requires social distancing and taking the important health safety measures. the basis of the responsibility for the infected person carrying...
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| Format: | Article |
| Language: | Arabic |
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University of Mosul College of Law
2020-09-01
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| Series: | الرافدین للحقوق |
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| Online Access: | https://alaw.mosuljournals.com/article_167416_e0ca3fed79941eeb42fda2fa71ce3359.pdf |
| Summary: | <strong>The responsibility of the person carrying the Coronavirus infection is determined by the presence of a legal duty in the Public Health Law that requires social distancing and taking the important health safety measures. the basis of the responsibility for the infected person carrying the Coronavirus varies according to the following criteria. First, it is either for a fixed error, in which the burden of proof is placed on the injured party by the defendant's change of the person's usual behavior. Secondly, it is based on the supposed error, as in the state’s responsibility for its negligence for the spread of the Corona pandemic. damage in responsibility is represented by physical, material and moral one. The causality in responsibility when the victim's injury is caused by negligence of the infected person who is transmitting the virus infection. This will be rejected by the foreign cause represented by the fault of the affected person himself, and the force majeure and the action of others.</strong> |
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| ISSN: | 1819-1746 2664-2778 |