Contractual Liability System Study

That Damages of breach of contact are awarded to the non-breaching party who suffers detriment is the foundation of the contact system, as well as a very important question of the contact theory. This paper starts with the concept of liability of contact, and then compares it with the definition which was defined in our traditional civil law. The writer thinks that it is not harmony between the definition in traditional civil law and the new understanding of civil legal action in the theory of civil law. And at the same time, it doesn't help to protect the nonbreaching party's benefit. Therefore, in the writer' s mind, liability of contact is a liability the breaching party should bear if he doesn' t meet the obligation required under the contact or the obligations arising from his deviation of "Bona Fide" from the parties contacted each other to come to a meeting of the minds until a certain period of time after the performance of the contract. That is, liability of contract includes not only directly arising from the obligations as to the contract, but consequential damages. Under the concept as I mentioned, thewriter classifies the liability of contracts and carefully comparative.Analyzes their concepts, characteristics, base, nature, constituent factors, the suitable situations and scopes of damages in different stages of the development of contact law. On the base of concrete analyses, the writer systematically re - arranges the liabilities of damages of all kinds of damages and shows the identity of the system and emphasize the functional value on the process of practicing the system.