A Study On The Convergence Of Rules For Determination Of Breach Of Contract

As one of the most widely used relief forms of breach of contract, damages is atthe core of contract law in many jurisdictions. Its significance is especiallyoutstanding as with the frequency of international commercial transaction. Althoughthere exists lots of differences concerning damages in different countries, it cannot bedenied that under the background of the further development of globalization, thesystem of damages is developing towards a direction of assimilation at aninternational level, with a train of great achievements, such as United NationsConvention on the International Sale of Goods1980(CISG), UNIDROIT Principlesfor International Commercial Contracts (PICC), and the Principles of EuropeanContract Law (PECL).This Thesis is focused on the assimilation of the determinate rules of damages,which is the determination of the scope and the measure of the amount of damages, toanalyze the topic by four parts from theory to practice. Part one comes straight to thepoint of the assimilation of damages, discussing the basic reason and motive, theapproaches of such phenomenon. Part two analyzes the guiding principle andrestricting rules for determining the scope of damages. While Part three concerns onthe rule of calculation under different breach-of-contract situations regarding theamount of damages, including damages agreed by the contracting parties. Part fourdiscusses China’s determinate rules of damages, about their status quo in theassimilation process and problems; furthermore, putting forward some suggestions toimprove China’s current rules. In the end, this thesis looks into the prospect of theassimilation of the determinate rules of damages at the international stance, restate itspoint that assimilation is not equal to unification.