tortfeasor

1. If the injured person is an entity , and such entity is divided or merged , the entity that succeeds to its rights shall have the right to demand that the tortfeasor bear tort liability .

被侵权人为单位，该单位分立、合并的，承继权利的单位有权请求侵权人承担侵权责任。

2. In order to meet the " unconquerable and unavoidable " requirements the tortfeasor should take proper measures both beforehand and afterwards .

“不能克服、不能避免”要求加害人在事前和事后都采取适当的防范措施。

3. Liability can be excluded or reduced to such extent as is considered just having regard to the victim 's contributory fault and to any other matters which would be relevant to establish or reduce liability of the victim if he were the tortfeasor .

在受害人对过错的作用和如果受害人是侵权人等其他影响确定或者减缩受害人责任的相关范围内，责任可被免除或减缩。

4. When an injured person dies , the person who paid the injured person 's reasonable expenses , such as medical expenses and funeral expenses shall have the right to demand that the tortfeasor indemnify such expenses , unless the tortfeasor has already paid such expenses .

被侵权人死亡的，支付被侵权人医疗费、丧葬费等合理费用的人有权请求侵权人赔偿费用，但侵权人已支付该费用的除外。

5. In case the time for stopping the infringement adjudicated according to the preceding paragraph is clearly improper , the tortfeasor may be ordered to stop the use of this business secret within a certain term or scope under the circumstance that the competitive advantage of the obligee to this business secret is protected .

依据前款规定判决停止侵害的时间如果明显不合理的，可以在依法保护权利人该项商业秘密竞争优势的情况下，判决侵权人在一定期限或者范围内停止使用该项商业秘密。

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