Reasonably Foreseeable Contract Law Rules Apply To The Study

In China, we often adopt principle of full compensation in damages of breach of the contract, the rule of reasonable foresight is one of the important limitation rules in the principle of full compensation. The rule of reasonable foresight is provided clearly in the article 113 of Chinese Contract Law:"Where a party failed to perform or rendered non-conforming performance, thereby causing loss to the other party, the amount of damages payable shall be equivalent to the other party's loss resulting from the breach, including any benefit that may be accrued from performance of the contract, provided that the amount shall not exceed the likely loss resulting from the breach which was foreseen or should have been foreseen by the breaching party at the time of conclusion of the contract."but the high summary of this article on reasonably foreseeable rules is quite simple, it didn't indicate any position in applicable standards, path, scopes, factors affecting, relationship with other relevant rules, worth should be expressed, and some other basic question. It leads that judicial practice is in the lack a systematic theory guiding, the rule of reasonable foresight where applicable is confused and appear bias and controversy. It is becoming a serious problem that needs urgent solution in judicial practice. Although many scholars have done a wide range of discussion and research, there is no formation of a unified theory, it remains problematic in practical application and operation. This paper sets standard of reasonable foresight and applicable scope by discussing standard of reasonable foresight and ability of foresight and applicable scope in judicial practice, and illustrates impacting factors should be considered when judging the ability of foresight, avoiding confusion of the using rule of reasonable foresight in Contract Law.The full text has three parts:The first part is the basic theory about standard of reasonable foresight. First, it makes a brief description on the standard of foreseeable foresight and legislative cases, interprets property of reasonable foresight from its related theory, and illustrates the real value of reasonable foresight, analyses relationship between this rule and full compensation rule in its using.The second part is the discussion about the ability of foresight. It defines that the party in breach is the foreseeable main, through discussing and analyzing of the states'legislation and theory. Through analyzing the internal mechanism of subjective criteria and objective criteria, it sets foreseeable standard according specific factors, establishes the combination of subjective and objective which can distinguish general cognitive and special cognitive. It analyses the factors to judge the reasonable foresight from subjective and objective aspects.The third part is about the applicable scope of reasonable foresight. First of all, it analyses that this rule doesn't apply to negligence of duty and general intentional breach of contract and efficiency breach of contract, it only applies to damages on non-intentional breach of contract for breach of contract is applicable reasonably foreseeable rules, clears the rule of reasonable foresight only applies to measuring and limiting the damages of the possible benefits. Secondly, it analyses the prerequisite when the rule of reasonable foresight applies to the damages of the possible benefits, clears the content of foresight, clears distinguish and transform conditions between general and special loss.