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The Causal Relationship Of Breach Of Contract

Posted on:2011-07-29Degree:MasterType:Thesis
Country:ChinaCandidate:H T ZhengFull Text:PDF
GTID:2166360305457295Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
As an essential condition of liability for law, causation is always a key issue both in theoretical field and judicial activities. Causation is a concept in the field of philosophy which means relationships between the cause and the result. Causation in the law is basically far from causation in the science of philosophy. The essential purpose of causation in law is to determine the undertaking of the liability and the scope of the liability. That is to say we not only recognize the causation-in-fact but the causation-in-law.The study on relationships between causation and legal liability in China is still very backward, which is basically limited to a superficial introduction of theories made by foreign countries. So we do not have any systematic theory system on this issue. It undoubtedly blocks the progress of our research on law and is far from meeting the need of judicial practices. Therefore, it is necessary and imperious to do some thorough and effective research on it.As one way of rights remedies, the liability for breach of contract is the core of contract law. When we judge in the breach of contract, particularly in the area of responsibility, our country take on de predictable rules. The adoption of this theory with the general legal principle, that is determined by cause and effect relationship between scope of responsibility conflict. Therefore, in order to find out the cause and effect theory of breach of contract in determining the scope of the underlying causes of differences, this article will be sorted t out the theory of causal relationship and found out the characteristics of the various causal theories. After determining the root cause of this, to borrow the effectiveness of contract law theory on the issue of logical deduction and analysis, and then draw the relevant causal theory of contract law in different period of development by showing the different characteristics, then the breach of contract damages identification of the scope of liability to provide evidence. Specifically, this paper discusses the following three aspects:The first part, we will the sort out cause and review the causal theory. In the current theory, causal relationship is consisted of suitable causal relationship, predictable rules and regulations that aim to represent. The author, after determining the three classic theories, identified the root causes of differences in theory. The author believes that the legal theory of causal relationship has transcended its own philosophy on the universal, objective causality, the theory itself has become a kind of value judgments. Different people to judge the value for the same things are different. This is why scholars have divergent legal causation theory, and i difficult to reach consensus.The second part is the key part of this paper. In this section , we will Interpret the theory of causation throng the effect principle of contract law. As known as the first part of the discussion, the theory of causal relationship is a value judgment, and causal relationship is an important tool to determine the responsibility. It is a core issue which given the scope of Compensatory Damages that we will basis on hat kind of value orientation to judge on the causal relationship. The author believe that the causal relationship between contract law theory rooted in the soil of the theory of contract law. In contract law, the cause and effect relationship should be satisfied with the value orientation of contract law firstly. For purposes of contract law, only a agreement between the parties why could result in legal effect, the reasons behind people's contract also hidden value judgments. Therefore , after studying the natural law, utilitarian school of law, Fuller's reliance interest theory and relational contract theory of the, the author concludes the different characteristics and effectiveness basis during the period of development of contract law, and analyze the value judgments behind the contract law. The author analyze the features of cause and effect of law theory on the basis of the value judgments.The third part, causal theory and the normative effect of breach of contract. Because the law of cause and effect theory is a kind of value judgments, and the scope of damages which based on the tool of causal relations is the result of value judgments. Contract law is compensated for damage under legal value judgments, and not for all the damages compensated. Therefore, the author believed that in fact the principle of full compensation in contract law also have some relatives. On this basis , the author analyze The China's "Contract Law" to 113,and obtain specifications effect of damages determined the scope which rely on the causal theories.
Keywords/Search Tags:Liability for breach of contract, Causation relation, Law-effect principle
PDF Full Text Request
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