Contract Damages

Compensation for damage is the core of civil law. This thesis is only concentrated on obligation on compensation for damage as a tentative research. There are three parts in the thesis: faulty liability on entering a contract, compensation for damage on breach of contract, and post-contract obligation. To these types of obligation on compensation for damage, this thesis stresses on their respective definition of contract, natures of the liabilities and the object and scale of compensation. These issues are combined as a whole in this thesis, in order to construct an integrated system of compensation for damage, to distinguish the difference of the three systems and to be better understood and applied.Chapter I of the thesis is a summary, which includes obligation pack on contract law, benefit construction on contract, doctrine of liability fixation on contract damage, ways of compensation for damage and etc. In this part, the thesis indicates that: The obligation pack on contract law includes pre-contract obligation, inner-contract obligation and post-contract obligation. Correspondingly, the benefit of compensation for damage includes fiduciary benefit, benefit of performance and material benefit. The doctrine of liability fixation on contract damage is deemed as a dual system, in which faulty liability on entering a contract and post-contract liability are subjected to the doctrine of liability for wrongs, and obligation on breach of contract is subjected to the strict liability. The ways of compensation for damage is monetary compensation. The whole framework will set forth some fundamental issues on compensation for damage.Chapter II to Chapter V is focus on the conceptions, characteristics, bases and natures of the three types of liabilities, and the objects and scales of different liabilities.First, the thesis states that the concept of faulty liability on entering a contract should cover four key elements: the emerging timing, subjective state, breach and damage. And this type of liability should character in the course of entering a contract, one party breaching the obligation with subjective fault, making the other party losses and the function of compensation. On the issues of liability basis, by criticizing tort doctrine, legal behavior doctrine, and regulatory doctrine, points out that the theoretical basis of the liability id good faith. The material foundation is subject to the liability basis, and the liability not only in the circumstances of contract coming into existence, be announced invalid and be cancelled, but possibly exists on occasion that contract is valid. The liability is defined as a dependent component in contract compensation system, which is other than liability on breach of contract and tort liability. This thesis stresses on fiduciary benefit-the compensatory objectof this type of subject. In accordance with the legislature and theories in different countries, fiduciary benefit exists in the course of entering a contract, which is composed by damage and losses. The scope of fiduciary benefit should be limited in performing benefit on occasion of breaching fiduciary duty, while it should not be limited in performing benefit on occasion of breaching protective duty. This thesis brings forward a proposal on how to calculating losses.Second, as to the issue of liability on breach contract, the thesis concentrates on basis and compensatory object of this type of liability. From the perspective of autonomy of the will, the thesis argues the inevitability that it should be theoretical basis of this type of liability. As to its material basis, the thesis emphasizes on anticipatory breach of contract and injuring perform, argues the merit of compensatory liability in anticipatory breach of contract, with comparing injuring perform with defective performance and product liability. Then concludes that of injuring perform compensation can be claimed to both performing losses and inherent losses, and there is a concurrence on the claims. On the issue of compensatory object, th...