Compensation For Spiritual Damage Caused By Breach Contract

The legal issue of Mental Distress Damages for Breach of Contract is a hot topic in the field currently. According to the traditional the distress damages can only be compensated in the Tort have the mental distress damages compensated in theory of the civil law, mental area and we firmly oppose to the contract area. That is to Investigate the contract side though right infringement.However,how to deal with if another spiritual damages breaking a contracts action? Moreover even if under the condition of responsibility competes gathers breaks a contract use the complete responsibility. But right infringement use mistake responsibility. These two ones are different from the giving evidence. At this moment it is better to get spiritual damage compensation. At the same time if attention the contract the main purpose is to get spiritual benefits. Breaks a contract is simply to know it is breaking a contract action make another one spiritual damage. According to the knowing principle at this time in the breaking a contract damage compensation's range must include the spiritual damage compensation.So this paper holds that Mental Distress Damages is the Subjective category feeling of people. Have no direct relation with right infringement. In fact bond Mental Distress Damages and right infringement same place naturally. To covered the essence of the Mental Distress Damages.About the Mental Distress Damages Mainland legal system and English America legal system both think that it should be Compensation. Law in our country hasn't given support to compensation for moral damage in breach of contract, but in judicial practice, court decisions which give compensation for moral damage in breach of contract have already existed. It is not only an expansion of compensation for moral damage, but also great efforts for justice court decisions. Natural person as the main body of this world and as the foundation of all humans Value system its Inner world in fact is the one of Legal attention. The development of practice and modern law require us to attach importance to "people" and people's spiritual benefits. They also require us to support compensation for moral damage in breach of contract through legislation. "The life of law lies on practice rather than logic" We should break through the tradition and make new creation in judicial practice and reflect this Tendency.This article divides into four parts. The foreword mainly talks about subject and to study key discussion question of this article.First part is the outline of the Mental Distress Damages. Firstly give the definition of Mental Distress Damages. Analyzes basic same with non-pecuniary concept, to loss damage, nowadays and points of this essay. Define that spirit damage is the reveals the idea of common.The second part is mainly to the comparison for compensation for mental distress caused by the breach of contract. It divides into three parts: includes the mainland legal system, the British and American legal system and the international legislative documents. In the three parts, we choose the most representative country and the legislation documents to compare, then points out: under some specific situations, are many and should give the compensation for mental distress caused by the breach of contract .This is international tide, which establish a good head for compensation for mental distress caused by the breach of contract.In the third part, this article analyzes the necessity of setting up the system of the spiritual compensation for the damages caused by the breach of contract in our country. It is an objective reality that spirit is compensated compensation breach contract. No matter from the damaged and can development trend moral damage or the expanding trend of interests protected by contract law, the compensation for breach of contract. Because the de moral damage should be included the liability of sign of coincidental liability is not perfect and the liability for breach of contract and tort have a lot of differences, so it is not favorable to choose tort law to protect the interests and there is "blank area" between liability for breach of contract and liability for tort.The last part is the system constructs the construction of this article. in breach of contract system should be found in our country .The author advocates to explain the related provision as the basic pleading right for mental distress breach of contract. At the same time, to define the applicable scope making discrimination with commercial contract and non- commercial contract summarizing unceasingly in the practice the contract type which is suitable for the system,constructing the constitution of the system. Meanwhile, we should by consummate responsibility to share the burden of the contract-breaking party expanding professional liability insurance content.