Expected Liability For Breach Of Contract Research

Content abstract is expected to break promise ( anticipatory breach of contract) also fit break promise in advance, it is a kind of special form in generalized responsibility of breach of contract. It is been that as system and a basic category of the contract law of our country, it wants justice: After contract sets up according to law perform issue class to the former involved party of one side with language or behavior show him then will do not perform contract, or according to its then specificly feelings matter can cut off certainly to decide him will break promise , it cannot be expected that the creditor's rights of the involved party of opposite side realize to become, in this occasion, if the involved party of opposite side accepts this expected promise breaking, have right relieve contract immediately and request damages; If refuse to accept this expected promise breaking, the constrained force that insists contract has right to ask that the expected of promise breaking bears debt continuously, but can not get damages before performing expiration, and undertake the risk of this duration.See from certain kind meaning, expect the( include refusing to perform) place of responsibility of breach of contract directly mark , is not the realistic promise breaking when performs issue expiration , and perform issue up to before perform to become cannot expect. It the right that place directly hurts , do not be the complete creditor's rights of all ready effectiveness , and is expectation right, can also say that is the expectation of creditor's rights.This paper first produces background from the expected origin of responsibility of breach of contract, for it to make introduction. Just break promise because of expecting system for urge involved party perform contract and decreasing infringement, protect the benefit of involved party have important role, so it in British-U.S. law department country get accept generally.The key part of this paper is the characteristic of expected responsibility of breach of contract: It is first , expect promise breaking to occur in contract perform issue class to before. It is second , expect the specific expression of the behavior of promise breaking is do not come will do not perform contract duty, instead of actual promise breaking. It is of 3th , expect promise breaking the contract creditor's rights that hurt is the creditor's rights of expectation, instead of realistic creditor's rights. The expected promise breaking of 4th not only has only a kind of relief means. And its expression form - - let us know break promise with imply to break promise. Claim to let us know break promise denote in the contract expiration of deadline for performance before, the involved party of one side make clear surely to another square involved party express him will the case of not perform contract. Claim to imply break promise denote in the expiration of deadline for performance before, the involved party of one side with its behavior show it will the case of not perform contract. Basis let us know break promise with imply break promise from different law form , and then pass through the expected degree of system of job responsibility the law of comparing research, it is compared and refered to that for the legal relief and opposite side that involved party can seek , involved party agrees the legal responsibility of dan(50kg) and has gone on.It is expected that the nature of promise breaking of actively active system is composed to the right that creditor selects to relieve.Creditor refuses to recognize expected promise breaking, result is contract exist and restrict continuously still mutual involved party.Creditor recognizes expected promise breaking , can mention lawsuit immediately and has right to relieve contract. Creditor make to recognize the option of expected promise breaking, must make opposite side know it to decide.In the aspect of the relief of expected promise breaking, the option right of creditor is free , but says not the restriction of milli received b...