碩士 / 靜宜大學 / 法律學系 / 107 / Since sharing economy developed from 2008, there has been a conflict between the sharing economic development and current legal system. Especially issues about which field of the platform company belonging to, and legal relationships between the platform company and two-side users of the platform services, are public concerned topics. In addition, it is a major challenge for countries around the world, when a transaction established through the platform is involved in a tort. The question is what kind of responsibility of the platform company should take for such damages. Should the platform company bear employer responsibility to pay for damages? This is one of the questions this study tries to answer.
This study first explores theories about the "responsibility of other people's behavior", or “vicarious liability”, and relevant theories about ‘respondeat superior’ or employer’s liability. In accordance with Article 188 of Taiwan's Civil Code, the employer is presumed liable for its employee’s tort in the course of employment. In U.S., however, the employer’s liability is strict. The employer has to take vicarious liability once its employee commits tort in the course of employment regardless of the employer’s fault or negligence. This study therefore takes Taiwan and U.S. as research targets for a more complete sphere to discuss vicarious liability under the platform mode.
This study further explores the essence of the information industry and the vehicle transportation industry, which both relate to Uber, in order to analyze the legal relationship in the field of vehicle transportation in Taiwan and the legal relationship under the platform operation mode. This study also organizes Insights and Disputes from court verdicts, and brings out the principles and procedure for specifying the vicarious liability of the platform company under the platform mode. At last, by referencing an American Uber case in tort, and applying above principles and procedure brought up by the author, this study demonstrates how to clearly attribute liability by virtue of domain essence, as well as how to test employment and in the course of employment step by step. This study also sums up some findings and suggestion subsidiary to this research.
| Identifer | oai:union.ndltd.org:TW/106PU000194002 |
| Date | January 2019 |
| Creators | TANG, JU-CHUN, 唐如君 |
| Contributors | YEH, HSIN-MIN, 葉新民 |
| Source Sets | National Digital Library of Theses and Dissertations in Taiwan |
| Language | zh-TW |
| Detected Language | English |
| Type | 學位論文 ; thesis |
| Format | 296 |
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