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

The rule of foreseeability established in France at first was confirmed by British judicial legislation, then It was reflected in the civil law of many countries, and now become the basic rule of limitation on compensation of damages for breach of contract in two legal systems .As a legal technical means of effectively limiting the scope of compensation of damages for breach of contract , the rule of foreseeability is an impartial tools of distribution of losses after the contract is broken and it embodies the pursuit of the ultimate goal of fair. But in the theory field, the systematical and deeply research is not given, so the application of the rule of foreseeability appears the hazy and confused in the judicial practice .According to many questions about the rule in theory ,the thesis expounds the theoretical development and legal values of this rule at first .Then the thesis discusses about the theoretical composition of the rule ,and holds the delinquent party should foresee that the range of compensation of damages is the damages caused by his breaking contract when he negotiates a contract .Finally separately discusses on the relationship between the rule of foreseeability and the principle of complete compensation , between the rule and the doctrine of liability fixation for breach of contract ,between the rule and the theory of causal relationship. the author holds that the active meaning of the rule is reasonable limitation of the scope of compensation of damages for breach of contract .