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On Compensation For Mental Distress In Breach Of Contract

Posted on:2005-01-08Degree:MasterType:Thesis
Country:ChinaCandidate:Y LiuFull Text:PDF
GTID:2156360122485295Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Traditional civil law theories generally think on the indemnity problem that thecompensation for mental distress only be available in the realm of tort law, especiallywhen personal right is infringed. The liability for breach of contract is property liability.The compensation for mental distress is not available in case of breaching contract. Wheneither party fails to perform its obligations under the contract or does not perform itsobligations as contracted and thus causes mental distress to the other party, according totheory of coincidental liability, the other party could choose to claim the tortious right inorder to acquire the relief of the mental distress. After investigating the related provisionof the liability for breach of contract in our contract law, we will find that all the breach ofcontract will result in damages, so damages is the main method to take the liability forbreach of contract. The quality of the liability for breach of contract lies in compensation.The purpose of taking the liability for breach of contract is to make the party concerned beplaced as if the contract was properly performed. The theory of foreseeability is used toascertain the range of compensation. According to the theory, if the purpose that one partymakes the contract is to gain the mental benefit which has been anticipated or ought to beanticipated by the breaching party in the making of the contract,the breaching partyshould recover all the damages caused by the breach of contract including the mentaldistress of course.The dissertation consists of five parts apart from preface and epilogue.The first part investigates the related provisions of our contract law. The theory ofcompensating all the damages caused by breach of contract is established in our contractlaw. The quality of the liability for breach of contract is compensation. If the damagescaused by the breach of contract has been anticipated or ought to be anticipated by thebreaching party in the making of the contract, the damages should be compensated. Thedamages include mental damages of course.The second part introduces some cases about Compensation for the mental distressunder the contract happened in our jurisdiction. On analysis of the attitude to the problemof the scholars, we could find they all limited by the theory of coincidental civil liabilityno matter being for or being against the disputing problem. Under the situation of thecoincidental liability, the injured party has the right to choose whether to demand that thebreaching party bear the liability for breach of contract or bear the liability of infringementof rights in accord with tort law. But through the analysis we know that neither liabilitycould make the full relief. So the theory of coincidental civil liability could not resolve theproblem of compensation for the mental distress in breach of contract.The third part compares the different provisions on mental distress of different countriesand introduces the different definition about it by scholars in our country. The author madethe conclusion that the essence of mental distress is that the injury behavior infringes therights of civil subject and makes the detrimental influence on his mental activity andchange his mental situation to bad direction. That any right of the civil subject is infringedwill produce mental distress. In the normal situation, property compensation could recoverthe mental distress and it is not necessary to compensate it solely.The fourth part introduces the different attitudes towards compensation for mentaldistress in breach of contract in different countries. Continental legal system breaks thestipulation that mental distress could be recoverable only if it is definitely stipulated in thelaw. Anglo-American legal system classifies the compensation for mental distress resultedfrom breaching of contract through cases. Some international legal documents stipulate itdefinitely. The fifth part analyses that the re...
Keywords/Search Tags:Liability for Breach of Contract, Infringement Liability, Coincidental Liability, Mental Distress, Compensation for Mental Distress
PDF Full Text Request
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