On The Scope And Calculation Of Damage For Default

The damage for default is an important issue of contract law in all countries legal system. After the liability for breach of contract has established, how to calculate the amount of damage has a great impact on the parties" interest, and concerns the realization of the purpose and value of relevant legal system. Because of the influence of the difference histories, culture, law ideas and social and economic development conditions among these countries, the rules to decide the scope of damage is different in different countries. This thesis is conducts some comparative reseaches on these rules.This thesis consists four chapters. The charpter one comparative analyses the concept and classification of damages. A new concept of damage is put forward. The chapter two discusses the fundamental principle of the damage for default, the function of the cause and effect in damage caculating, and the basic rule to decide the scope of damage-the rule of forseeability. The chapter three analyses the supplement rules to decide the scope of damage, such as the rule of contributory negligence, the rule of mitigation of damage, the rule of balancing out increase and decrease, focus on their meaning, basis and function. The chapter four compares the difference between the two common calculation methods for damage and conducts a preliminary study on the damage caculating under some default formal of the goods sale contract.