The Scope Of Damages In Carriage Of Goods By Sea

Damages are designed to compensate a party for harm suffered as a result of another's wrongful act in a contract; the party breaches a contract should undertake compensation responsibility. To define a scope of breach of damage remedy responsibility especially the breach of damage compensation has a significant meaning for guaranteeing to implement all functions of a contract, and as well known that, shipping law plays an important role in facilitating economic activity. This thesis provides an exemplification on the measure of damages in the carriage of goods by sea. It will help practitioners as well as scholars to understand the peculiar features and dynamics of the topic in the other's shipping laws.This thesis is written with a view to encouraging a revision of the defects in the CMC and to changing aspects of the current Chinese law of damages. This thesis makes comparisons between Chinese law and International covenant at length, addresses the problems in Chinese shipping law and seeks a solution. It is hoped that this thesis can provide instructive recommendations to Chinese lawmakers and clarify the chaos inherent in interpreting the relevant law.The first part focuses on the conception of scope of damages for breach of contract, which includes the type of damages, the influence of special provisions of CMC, and so on.The second part concentrates on the application of the provisions of CMC and problem which it results in judicial practice.The third part describes the different between the CMC and other country' shipping laws, and analysis the key problems in the scope of damages for breach of contract.The forth part describes how to apply the CMC well and provide instructive recommendations to Chinese lawmakers and clarify the chaos inherent in interpreting the relevant law.