The Issue Of Mental Distress Damages For Breach Of Contract

In modern times, the mental distress damage for breach of contract is a hot topic in legal field. However, according to the traditional civil law theory, mental compensation exists only in the tort area, and has suspicious and negative attitude towards the mental distress damage for breach of contract. This thesis will challenge these viewpoints; analyze the necessity and possibility of the mental distress damage for breach of contract; put forward the plan of establishing the mental distress damage for breach of contract in China. The thesis is divided into four parts.The first part will demonstrate the necessity of the mental distress damage for breach of contract. In this part, based on the purpose of design about mental compensation system, the necessity of maintaining such fundamental principles as fairness and honesty, lack of concurrence on liability to make up the mental distress, and the trend of international development, etc., the thesis will prove that it is quite necessary for the mental distress damage for breach of contract and it is the time to establish the system.The second part will show the probability of the mental distress damage for breach of contract. the thesis will deny the viewpoints of doubt on the probability of the mental compensation for breach of contract like unforeseeable and immeasurable characteristics or litigation explosion, prove that China is provided with good foundation and it is completely possible to establish the system of the mental distress damage for breach of contract.The third part will inspect the legislation status of some countries and analyze some typical cases on the mental distress damage for breach of contract. This part will cite some wedding service, funeral service, tourism service and medical service case that caused wide public concern of society in recent years and analyze these cases concretely, thus to prove the necessity, possibility and the current default of legal system of the mental distress damage for breach of contract and to advocate strongly to establish mental compensation system.The fourth part will show the mental distress damage for breach of contract under the framework of legal system in China. This part will put forward to detailed plans on the establishment of legislation mode, the legal concept and system design scheme, re-explanation of our civil law, corresponding limits, whether the mental distress damage for breach of contract is punitive, etc., and probes into the problems about the corresponding restraints and punitive of the mental distress damage for breach of contract, thus to demonstrate the overall perspective of the system design.