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On Breach Of Contract Contract Damages

Posted on:2016-08-31Degree:MasterType:Thesis
Country:ChinaCandidate:H T HeFull Text:PDF
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The Contract Law doesn’t have elaborate regulations. According to the< The supreme people’s court’s explanation about buying and selling contract dispute case applicable law explanation of the problem > released in 2012, after the parties make the pre-contract, and when the deadline of the performance arrives, the party which refuse to make the contract should bare the contract-breach responsibilities. But as the regulation is very general items, doesn’t give out the detailed explanation of the accountability form and compensation for damages of the responsibility of the contract-breach.. The compensation for damages, as the most direct form for the right relief, has important function in the Contract Law. So this paper tries to analyze the compensation for the damages of breaching the pre-contract. This paper can be divided into five parts.Part one is the introduction of the pre-contract, including the pre-contract’s concept and its characteristic, the affirmation of a pre-contract.Part two discuss the validity of the pre-contract. The pre-contract is a type of contract, which means it has a binding between the parties after the effectiveness of the pre-contract. The parties of the pre-contract can not casually revoke or change the contract, or it will cause harmful consequence in the law, which is to bare the contract-breach responsibilities. Besides, it introduces the three theories of the validity of the pre-contract, and points out the view of “must establish”.Part three states the affirmation of the compensation for the damages of breaching the pre-contract. This part starts from the responsibility for breach of contract, besides, it also compare the methods of the baring liability.Part four defines the scope of damage compensation of breaching the pre-contract, and points out that the violation of the reservation in the reservation of creditors can be determined when the debtor is in breach of the duty to make an appointment with the same rights and request to perform this about compensate expectation interests under the condition of the compensation performance of the creditor’s benefit is difficult to make the reservation of interests can be protected and shall compensate the loss of reliance interest. Meanwhile, in order to balance the liability of the damage compensation, it introduces the limitation of the responsibility of the compensation for the damages of breaching the pre-contract.Part five is the conclusion, concluding the pre-contract system, as well as the views of this paper.
Keywords/Search Tags:pre-contract, legal efficacy, compensation for damages, remedies for breach, reliance interest
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