Font Size: a A A

Expectation Interests In Breach Of Damages

Posted on:2015-09-01Degree:MasterType:Thesis
Country:ChinaCandidate:G N WangFull Text:PDF
GTID:2176330422973055Subject:Civil law
Abstract/Summary:PDF Full Text Request
Form of Contract has become a more regular socially acceptedagreement in society. Both parties to the contract hope to benefit lawfully, but thereare times when violations occur, a good example would be breach of contract. WhenBOC (Breach of Contract) happens, it’s essential to maintain minimum damage, andto compensate counterparty financially as well.In modern day society, in effort to better allow market players to participate inmarket transactions, and actively improve enthusiasm, when BOC happens, we can’tbe blindly filling the requests of the damaged party and leaving the counter-party tobear a disproportionate responsibility and cost. Thus the full range of compensationfor damage is now limited in order to prevent excessive compensation, as well as toavoid breaching party to take on a biased and disproportionate liability.In view of this, we first start from the concept of expectations of interest tocompare the difference between its links with related concepts, which define itsconnotation and extension; Secondly, in order to clarify the scope of the interests ofexpectations, the paper starting with the case, from the judgment concluded; again, inorder to balance the interests of non-defaulting party and the defaulting party, from acomplete doctrine to limit excessive compensation for damages doctrine, this articlefocuses on the rules and predictable rules to mitigate the loss of these two limitingcompensation rules; Finally, we talked about the legislation relating to the status quoof China’s expectation of interest, citing a lack of improvement and maderecommendations.The main innovation of this paper is to look at the interests of the scope ofdiscussion by introducing the latest case, the judgment of judicial practice anyway,looking out the scope of benefits.
Keywords/Search Tags:Breach of contract damages, expect interest, predictable rules, mitigate loss rules
PDF Full Text Request
Related items