Breach Of Contract And Mental Damage Compensation

The mental damage compensation system of our country has only a history not more than 20 years. The current legislation and legal explanation settle mental damage compensation issues occurred mainly in the right-and-interest infraction areas, which exclude contracts. Traditional views hold that contract areas are mainly concerned with contract breach liabilities, and if right-and-interest infraction of contract breach occurs, which is also known as mutual liability accordance, the party involved is investigated and affixed the liability only through the right-and-interest infraction. For example, the case is true for such contracts as medical service, traveling, hair beauty and salon, and selling and purchasing. Then, an issue rises. Is such formulation purely perfect and completely reasonable ? The author of this paper, through reading all classical documentaries and well-known treatises by scholars at home and abroad, begins to have a deeper interpretation of the mental damage compensation theory, and furthermore, has had the reflections about the contract mental damage compensation. The paper begins by mainly defining what mental damage and the mental damage caused by contract breach respectively are and continues to analyze the necessities of the existing practicality and legal norms of the mental damage caused by contract breach. Through the analysis of comparative laws and the breakthroughs and development tendency of our legal practices, the paper puts forward the typicality of the compensation of mental damagescaused by contract breach. The paper finally provides relevant legislative suggestions fit to perfect our mental damage compensation.