Volume 9 (2009)
Most Downloaded Articles
- Definition of "Investment": Could a Persistent Objector to the Salini Tests be Found in ICSID Arbitral Practice? by Martin, Antoine
- Comparative Personal Property: The Case of Shares by Pretto, Arianna
- Female Circumcision as Female Genital Mutilation: Human Rights or Cultural Imperialism? by Oba, Abdulmumini A
- The E-Commerce Directive and Formation of Contract in a Comparative Perspective by Ramberg, Christina Hultmark
- The International Legal Personality of Multinational Enterprises: Treaty, Custom and the Governance Gap by Hansen, Robin F.
When American Law Meets Chinese Law Eye to Eye: How Two Legal Systems Approach the Duty to Protect
1University of Turin, email@example.com
Citation Information: Global Jurist. Volume 10, Issue 2, Pages –, ISSN (Online) 1934-2640, DOI: 10.2202/1934-2640.1363, June 2010
- Published Online:
This essay investigates some of the similarities and differences between United States and Chinese law through a series of discussions between a fictional U.S. lawyer (Mr. West) and his Chinese colleague (Ms. Zhong). It derives inspiration from the memorable fictional dialogue between Professor Comparovich and his inquiring friends in Schlesinger's classic Comparative Law. The discussions begin with the analysis of two cases litigated in the United States and in China. They both raised the issue of the existence and scope of the duty of owners of premises to protect their tenants or guests from the risk of being injured by a third person who is, in most cases, an intruder. This topic is chosen as it provides an instructive occasion to understand the oddities and similarities in one legal system from the perspective of the other legal system.The essay does not aim to provide encyclopedic coverage of the duty to protect under either U.S. or Chinese law. Rather, it creates an interactive exchange between the two legal systems and thus promotes a better mutual understanding of both legal systems.The U.S. case is Kline v. 1500 Massachusetts Avenue Realty Corporation, 141 U.S. App. D.C. 370; 439 F.2d 477 (U.S. App. 1970). Tenant Kline sued her landlord after an intruder assaulted her in the common hallway of her apartment building late at night. The Chinese case is Wang Liyi & Zhang Lixia v. Galaxy Hotel (2000). In this case an intruder robbed and murdered a guest in a Shanghai hotel. The victim's parents sued the hotel for an apology and compensation.