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On Damages For Breach Of Contract In The Foreseeable Rules

Posted on:2008-02-04Degree:MasterType:Thesis
Country:ChinaCandidate:B HuFull Text:PDF
GTID:2166360245963832Subject:Law
Abstract/Summary:PDF Full Text Request
Predictable rules to limit the scope of damages for breach of an important legal system, the rules of origin in France, Britain and the United States in the development of China's existing contract law also provides for the rules, but because of lack of in-depth study and other reasons, in practice the rule is not strong operational. This paper introduced the extraterritorial predictable rules of origin and development of specific process, the theoretical basis of the rules, and related legal system, and the rules of the specific components, namely the main foreseeable time, the content of proposed rules improve the predictability of our proposal. Another practical response, we conducted a detailed study by the principle that the allocation of responsibility, clear that the losses are not expected to breach the responsibility of specific damages for breach of contract disputes, in this paper, the two-step approach, first loss classification reconsider the actual default to foresee, expectations for the judiciary to hear the case of non-compliance disputes to help.
Keywords/Search Tags:predictable rules, damages for breach of contract, burden of proof
PDF Full Text Request
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