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Breach Of Contract Damages In Compensation For The Foreseeable Rules

Posted on:2006-09-15Degree:MasterType:Thesis
Country:ChinaCandidate:G P WuFull Text:PDF
GTID:2206360152987603Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
If contract is performed properly and completely, the benefit ofcontract enjoyed by parties will be satisfied. But breaching contractoccurs sometimes, it's self-evidence that breaching party shouldcompensate for the other's damages. but how to identify the loss?Obviously, it should include the loss of object, but the party expect toreceive more benefit through contracting, if permitting plaintiff get all, itmeans a boundless liability for defendant. so the law employs thedoctrine to restrict the extent of liability for breach of contract withinreasonable bounds: the foreseeability rules in French law and English law,and adequate causation in German law. Chinese law chooses theformer. Based on the stipulation of contract law, the article study theforeseeability rule as follows: In chapter 1,we study the rule incomparative law and analyze the relationship between the foreseeabilityand adequate causation. we find out the rule identify the liability boundsthrough the standard of "reasonable man". But we must study thefoundation of the rule, or it will be castles in the air. So in the chapter2,we discuss the opinion that autonomy of the will as the fundamentalprinciple of contract law constitutes the foundation of foreseeability rule.firstly we discussed the necessity between them, then discussed therelationship between the standard of "reasonable man" and the willprinciple. finally we think there is consistent between the autonomy andefficiency. based on the discussion ,we outline the norm frame of thestandard of"reasonable man ",and offer some norm factor for it.
Keywords/Search Tags:Foreseeability, Autonomy of the will, Efficiency, Reason
PDF Full Text Request
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