Research On Spirit Damage In Liability Of Breach Faith

Traditionally, it is thought that spirit damage is not recoverable in contract. From a typical case, this dissertation discusses the necessity of it in reality and reasons of basic theory by applicatting real evidence-analytic method and evaluation-analytic method. Also the dissertation illustrates how to employing spirit damage in liability of breach faith and put forward correspond resolutions on different situations.In order to analyze this problem, the dissertation is divided into three chapters. The first chapter make conclusion that the liability of breach faith should include spirit damage by reviewing the main reasons about denying the spirit damage in liability of breach faith and studying other countries(areas) 's legislation theories and cases. At the same time, the author oppugns the traditional affirming spirit damage theories, and indicates that the mechanism of compensation of spirit damage is the losing of spirit benefit form the spirit damage, it is necessary to compensate by the law policy.On the basis of analyzing different situations, the second chapter proposes three composing essential condition of spirit damage in liability of breach faith: the facts the behavior and causality between the facts and behavior. And explain whether the defendant' fault is necessary. This chapter also concludes eight accounting ways of spirit damage. After reviewing them, the author puts forward appropriate ways of accounting spirit damage' amount in liability of breach faith.In the third chapter, the dissertation points out the possibility of abusing spirit damage in liability of breach faith. And address law countermeasures in order to control it.