Spirit Of Breach Of Contract Damages

As to the question whether people can suit for the mental distress in breach of contract, different people have different ideas. In our country, most of the civil law scholars think only the mental distress because of tort can be suit for. The mental distress in breach can't be suit for. Because they are hard to proof, calculate and foresee.Besides, they may impede the conduct of transaction and so on. So they should be resolved by the responsibility coincides theory. Now our law limit mental distress compensation in tort.Whether the liability of breach include mental distress is not clearly defined. In the judicial practice, judges around the uneven level make different judges. Some judges recognize the mental distress in breach of contract, some do not recognize. Even in the cases which the judges all recognize the mental distress in breach of contract, judges accord to different reasons. Some judgments based on tort; some judgments based on the responsibility coincides theory; some judgments don't have clear reasons. This undoubtedly causes some degree of judicial confusion, and is bad for our country's establishment of the rule of law. Looking at the foreign legislative cases, we can know that both common law countries and civil law countries, and even the international laws, have gradually expanded the scope of mental damages by national jurisprudences or legislations.In some degree, they all recognize the mental distress compensation in breach. So we should learn from these foreign countries.Combined with China's reality, we should gradually establish our own mental distress compensation system. The law should specifically provide the elements of the mental distress compensation, and its limit rules, calculation principles and so on, In order to protect people's mental interests and material interests effectively and fully.