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The Foresight Rule

Posted on:2010-03-27Degree:MasterType:Thesis
Country:ChinaCandidate:Z L WangFull Text:PDF
GTID:2166360278967599Subject:Law
Abstract/Summary:PDF Full Text Request
The foresight rule has been called rational foreighted rule. It is only for the violation behavior through reasonable foresight .It is only also the limit to the dangering scope. The actual contect is when both sides work out the contract. At the same they have alreay foresee the possible results that occur the compensate of the damage.In our county,we set the contract law to limit the compensate of the violation damage.In the contract law of our country .It is said that the compensate lose do not surpass a breach of contract side's forsight. We established this rule for the possible damage of violating the contract. In order to solve how to determine the foresee standar. Through research and the analysis of examples .It is regarded that the one who breaks the contract will be the standar. Another standar depends on the reasonable social foresight. And it must combined with the forsight judgement. The part who breakds a contract will be the standar of the harmful damage compensate .If under the nonproved situation ,the standar will be the reasonable person's preview. The foresight rule has been solved the profit of two parts. It is also one of the causal realation theory of two parts. So the foresighted rule is one of the very important legual techologies.
Keywords/Search Tags:Foresighted, subjective judges, Objective judges profit
PDF Full Text Request
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