Research On The Rule Of Foreseeability On Compensation Of Damage For Breach Of Contract

The Rule of Foreseeability are one of the important parts of damages system for breach of contract. The aim of this rule is to avoid too much damages the delinquent party assume leading to benefit imbalance between the parties of contract by limiting the compensation of damage for breach of contract to a reasonable range.China's Contract Law has adopted the Rule of Foreseeability definitely as a limiting means of the damages for breach of contract. it is the content of this essay and the purpose of writing it that studying and researching the Rule of Foreseeability theoretically is to make this rule understood and practiced correctly. The essay introduced the history of the emergence and development of The Rule of Foreseeability and relevant legislation,judicial precedent,theory concerning the rule in The Common Law System and The Civil System all-roundly and, on the basis of comparing analysis, analysed the theoretical structure and main content of the Rule of Foreseeability in detail and put forward some viewpoints and proposes as to legislative and judiciary improvement of this rule according to practical circumstances of our country.The essay consists of three parts, foreword, text and epilogue.The foreword focused on the function, status and important meaning of the Rule of Foreseeability in the whole system of damage compensation for breach contract, and specify the method of researching, thought and purpose of writing in the essay. The text is divided into four chapter. In first chapter, the author clear up the history of the emergence and development of the Rule of Foreseeability and introduce relevant legislation,judicial precedent,theory concerning the rule in the main countries of The Common Law System and The Civil System and international united legislation. The second chapter introduced different doctrines concerning theoretical basis of the Rule of Foreseeability. On this basis, author raised his own valuations and viewpoints. The third chapter analysed and researched the theoretical structure and main content of the Rule of Foreseeability. The fourth chapter introduced the legislation and judicial practice of the Rule of Foreseeability in our country and put forward some proposes as to legislative and judiciary improvement of this rule in our country's Contract Law.In epilogue, author appraised the Rule of Foreseeability totally and thought that the value of the rule should not be denied for its subjective content, its uncertainty and its practice resting on the value judgment and discretion of the judge.