The Discussion Of The Responsibility For Negligence Of Concluding A Contract

The responsibility for negligence of concluding a contract is prescribed completely in the 42nd item of the constract Law.In advance of it,the Civil General Rules only include the contract invalidity and the repeal of a contract,but don't concern theory.It is very important to safeguard the contracting parties legitimate rights and interests and to bring about a great advance in the market—oriented economy because of the principles building.Many scholars have discussed in greater detail from the emergence,the development,the basis of requsting rights,the component parts,the responsibility for breaking a contract to the responsibility for the torts.In the system of theory the limit of compensation and the dishonourable—distrustful behaviour are mainly important questions.Why do I select this topic?Because the cases of the system have mot been stipulated explicitly in the Laws and the judicial explanation and have been discussed fiercely.I am of the opinion that it is very useful to research the subject of the trustful rights and interests and the defect of the tenet.In my paper,I try to discuss the limits of compensation,the trustful interests,the dishonourable behaviour and the defect of the theory.The following have been showed the system of my paper and my main views.(1),It is clear and definite to make the essence of the responsibility for negligence of concluding a contract.And explicitly the honest and trustful principle is the basis of request rights.(2),The theory has some law features,Especially,legality,relativity,property and compensatory.(3),A contract is a promise or a set of promises for the breach of which the law gives a remedy,or the performance of which the law in some way recognizes as a duty.The trustful interests include property interests and chance interests.Dependence, extension, compensatory and prevention are their nature features.(4),The limits of compensation include direct loss and indirect loss.It is necessary that the party requesting relief in quasi contract should have done something resulting in a benefit to the other party for which he should be compensated.If the othey party did not benefit,he was not unjustly enriched.Futhermore,the party obtains the future rights and interests.(5),There are twelve cases in other dishonorable behaviours.A contracting party break an agreement made up of an offer and acceptance,some contractual situations involve apromise in exchange for some requested performance or forebearance ro perform.(6),The system of the theory of the contract law has the defects.It isn't complete to include all of damages of the trustful interests.In the law is short of other relief ways. And it does'n reflect the alteration of the responsibility for negligence of concluding a contract. Because of the limit of my standard.Some questions are hard to avoid.Be kind enough to give me your opinion.