Reasonably Foresee Rules On The Liability For Breach Of Contract In China

Reasonable foreseeability rule, ivhich is a new system in our cont- ract law, is of theoretical value and practical significance to the deternu- nation of the extent of compensation for losses caused by breach of cont- ract. Theorefically, reasonable foreseeability rule, in which foreseeability is the criterion to judge the limitation to the extent of conpensation for losses caused by breach of contract, deals with that of the obtainable in- terests, and it is a technical system ander the system of compensation for losses cassied by breach of contract. In principle, all losses resulting from breach of contract shall be recoverable. Considering their complexity and uncertainty, however, the litigants only compensate the losses that are foreseeable, not other wise. This is the very center of the reasonable fore- seeability system. Looking into its value basis, we may say that foresee- ability originated from the foresight of the civil subject or his ability of recognition, which is the most essential condition for any civil activity. Foreseeab lity reflects flue value of justice and equity in the civil Law, if it is applied to practice, if will be operable to determine the extent of compensation for losses . This articee consists of four parts. Part One (Introduction) briefly illustrates the goal and legal value of establishing the system of the reasonable foresight regulation. Part Two inspects the source of the reasonable foresight regulation. The regulation origined from France, and was carried forward by some countries of the Einglish & American Law System, it has become a mutu- al qualificatory compensations rule between the England & America Law Faltion and the Continient Law Faction, but the two factions have some distinguishes during concrete operations. Part Three analyses the ralationship between the reasonable fore- sight regulation and its related systems, respectively studies neyligence, legal causality, and reliance interest as well . So the author thinks predict- ability is an important criterion of judging negligence, legal causality and reliance interest. To solve the operational problems in concrete administration of sus- tice , Part Four analyses the theory frame of the reasonable foresight regu- lation, that is, the subject of foresight, object of foresight, time of fore- sight, foreseeable judgernent criterion and loss of probable interest.