Damages For Mental Distress Caused By Breach Of Contract

To the application of damages for mental distress in the liability of tore is commonly accepted whether in theory or in practice. However, to the application of damages for mental distress in the liability of breach of contract is not widely accepted. There are many theories exciting now. In theory, most of the people disagree with it. But in our judicatory practice, some courts have confirmed the existence of the damages for mental distress in some special contractual sues. It is affirmed that breach of contract would lead the consequence of mental distress, so why should we oppose the application of damages for mental distress in contractual sues? And how can we explain it if we acknowledge the existence of it in the damages for breach of contract?In order to solve the problems, the author firstly analyzes the function, legal quality and system basis of the damages for mental distress,then he agued against the opinions of opposing of the application of damages for mental distress in the damages for breach of contract. After a comparative review of some foreign cases and judicatory practice in different countries, the author analyzes in detail the necessity and possibility of the construction of the damages for mental distress in the damages for breach of contract in our present legal structure.This essay consists of preface, straight matter and conclusion. The straight matter includes four charters. In the first charter, after the analysis of legal function, legal quality and existence basis of damages for mental distress, the author analyzes in general about the damages for mental distress. In the second charter, the author firstly analyzes contractual liability and the relationship between damages for mental distress and contractual liability, then the author analyzes the necessity to the construction of the damages for mental distress in the liability of breach of contract. The third charter consists of four subchapters: the first one is about the opinions of opposing; the second one is about a comparative review of the laws of different countries; the third one is about the provisions of legislation, judicatory practice and theories in china; the last one is about the possibility of the application of damages for mental distress in contractual liability. In the last charter, the author firstly analyzes the classificationand restraining of the application of damages for mental distress in the liability of breach of contract, then he provides his legislation proposal.