On The Non - Pecuniary Damages For Breach

Traditional view is that non-pecuniary damages only in tort damages, the contract is mainly property damages are not applicable to non-property damages. Breach of contract when the relative side did lead to non-pecuniary damages, the liability can be based on competing theories get relief through the infringement complaint. In this paper, this view was the question that the responsibility alone to protect a competing theory of Relativity Fangli Yi is not sufficient, in some special contract, the victim's complete lack of non-compensation for property damage. In this case, through a contract for non-property damage relief is absolutely necessary and feasible, at the same time, in order for breach of contract non-property damages adapt to social and economic development, breach of contract due to non-property damages shall be limited to a certain the range.This article is divided into four parts. The first part is compensation for non-pecuniary damages meaning defined. Clear the damage and non-pecuniary damage, non-pecuniary damage and mental damage, non-pecuniary damages and breach of contract, the relevant concepts to illustrate the reason of "non-pecuniary damage "instead of "mental harm " The reasons for the word, and through non-pecuniary damages liability for breach of the scope and the scope of the analysis reflected from one side of the liability for breach of protection of non-property interests is a advantage.The second part is the default non-pecuniary damages ought to be analyzed. From the spirit of human rights theory, there is damage there is a remedy philosophy, principles and responsibilities of full compensation for breach of competing theories of non-pecuniary damages for the survival and growth of the foundation, denied breach of contract for non-pecuniary damages to refute the view that the denial that Based on the claim, predictability, impede trade, evidentiary issues, computing issues, personality commercialization point of view of punitive damages is unreasonable.The third part is the non-pecuniary damages Factual analysis. On the common law and civil law status of legislation in several countries to compare, and analyze the current situation of the legislative and judicial practice, That allows exceptions to the general prohibition applicable to our type of model. Including the scope for the purpose of providing spiritual joy contract, the contract of special significance to the subject matter is to relieve the pain and trouble for the purpose of contract, breach of contract caused by undue influence on the lives of these four contracts. Breach of non-pecuniary damages, including the composition of the main elements of breach of contract must act prejudicial to the occurrence of the facts, causal relations, non-pecuniary damage should be foreseeable. Meanwhile, non-pecuniary damages default manner and the amount put forward their views, the judges decide cases as a reference in practice.