but as elements of fault, when students cross the railway that students know next train can cause accidents themselves, but students still decided to run across because this suicidal students, stress, sadness, disappointment, and so on for some reason it happens is not as desired by him or on the driver deliberately ran so fast, it is related to the Intention Fault. The second is in terms of malice, an element of surprise that would comment on the fact that the rival company wants to destroy the railroad company's reputation that hire cutting train brake caused the accident. Strict liability, relating to the source of extreme danger, unsafe, such as weapons, explosive substances, transport and radioactive substances, wild animals, physically (who took control of the behavior of Minh- psychotics). Based on that law from paragraph 632 of the report of the citizenship in 2005, the company is owned railway Hiakyu source of extreme danger that can cause serious impact to others for any reason, the company must cover all situations that may occur, whether as a force majeure situation the company must also pay compensation to the aggrieved person. Add to that the driver is not paying attention to his job is to transport passengers, he does not control the speed of the car, neglect of safety for passengers and train students to go through but ignored Daon not pay the next time the car is via phone while listening ear and can not hear the sirens of the train (negligence).
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