Compensation For Non-Pecuniary Loss In Contract

This article includes five chapters besides preface and conclusion.The first chapter indicate problem, and defines some close concept that are often used by the other scholar. Then the author clarifies the scope of the non-pecuniary loss discussed by this article.In the second chapter, the author enumerates lots of cases and theories about non-pecuniary loss induced by breach of contract of foreign countries and China. The author concludes that non-pecuniary loss induced by breach of contract is popular phenomena, and is the products of the development of economy and bargain. The author points out that the compensation for non-pecuniary loss induced by breach of contract is the claim for protecting the right of the victim.In the third chapter, the author apply the economic analysis to the compensation for non-pecuniary loss induced by breach of contract, and prove that this rule is able to reduce price of bargain and improve fortune through the theories of breach of contract efficiently, risk burden and consumer surplus.The fourth chapter is the most important part of the article. Above all, the author particularizes the opposite opinions of awarding compensation for non-pecuniary loss induced by breach of contract and criticizes them one by one. We can develop the legal technology, despite the difficulty of counting and proving the non-pecuniary. Hence, refusing to award compensation to non-pecuniary is not the right way to solve the problem. Next, the author expounds the development history and characteristic of non-pecuniary loss, and proves that non-pecuniary loss is able to be arisen by breach of contract. The author also indicates that non-pecuniary loss satisfies the conditions of compensation for damages of breach of contract, just like the other loss induced by breach of contract. Finally, the author proves that compensation for non-pecuniary loss induced by breach of contract is the only correct way to protect the right of the victim through analyzing the limitation of the dual division of breach and wrongful...