On The Relief For Repudiatory Breach On Anglo And American Law

On the Anglo and American law, when discuss about"discharge of contract", the written works about contract law always concern"termination"of contract,"cancellation"of contract. But Chinese translation of it have several expressions, like"get rid of contract"and"repay of contract". So we could not take"discharge of contract"full equal to"get rid of contract"on Continent law. Actually,"get rid of contract"on Anglo and American law has difference between broad sense's and narrow sense's. The former is Synonym of"abolish of contract", when talk about a contract has discharged, it often means one or more legal relation in the middle of agents which established by contract has stopped. The discharge of contract not only by breach, but also by agreement of both sides, performance and frustration of contract etc. As for discharge of contract by breach ,it is narrow sense's discharge of contract which refer to when one side of the agents takes repudiatory breach, the other one take the right of discharge, so that the contract relation abolish for the future. Although there are many ways about discharge of contract, repudiatory breach and discharge have nature relation, in the so many ways, discharge of contract by breach is the most characteristic one. The relief for damages of repudiatory breach on the Anglo and American law, can divide into three major kinds usual: the most common compensation for damages; specific performance in special condition; liquidated damages and fine. At present, the study achievement about the relief for damages of repudiatory breach in interior reflects introduction about system methods of relief mostly. The lag research state is difficult to adapt to the needs of development of our country's foreign trades. So, there is essential to study the connotation of repudiatory breach and the aggrieved parties'choose rights and relief means after breach, and announce the general regularity of this system. Thus, do like this could enrich the system of contract law in our country, it also be better for the development of our country's contract law and resolving the trade dispute between our country and UK USA family.