Economic Analysis Of Contract Remedies

There are two ways to write papers, one way is to clarify a complex subject by simple facts, and the other way is to illustrate a simple issue by diversified matters. This paper adopted the latter one, and the analytic tool I have used is economic analysis method. Law is such a subject that most studies on this phenomenon, viz. Contract, which is one of the most complex phenomena in the social activities, but the legal study on this issue is not acknowledged to be systemic and perfect. Law has its own logic, however, due to its inherent limitation, rules and exceptions are comprised in the legal system, and therefore Law cannot be called a science. China is not a country following pragmatism and its Law shall be improved, and the interposition of economics has promoted its improvement. Although Economic analysis is not a new analytic method, with its help, we still could find more issues fresh in Law.To some extend, this paper might be misleading. The economic analysis on contract remedy has constituted 3/4 of this paper, but it is not the key point. The key point of this paper is the comprehension of Lexeconics. If readers understand the meaning of this paper, it is nature for them to analyze law with economics. If someone just focused on the process itself of economics analysis, he would be misled.This paper includes 5 parts. The first part is the explanation of the title. This part briefly introduced each factor in the paper's title and the understandings of Economic Analysis of Law. The second part is the introduction of contract structure. This part could be divided into two sections, one is the contract structure in Law and the other is the contract structure in Economics. This part is the precondition of next two parts and in the latter analysis the structure we analyze is in Law but the way to analyze is in Economics. The third and forth parts is the main body of this paper. They focused on the detailed illustration of economic analysis on contract remedy, which can be divided into claims and methods. These two parts set out the way of Economic Analysis of Law, and they are the extension of the second part. The fifth part is conclusion. It concludes the nature of contract and discussed two basic issues still in dispute in the realm of Lexeconics. In this part, my point of view on this issue, which might be distinct from the understandings of most people, is put forward to constitute the kernel cores of this essay.