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Discussion On The Liability For Breach Of Contract

Posted on:2006-02-08Degree:MasterType:Thesis
Country:ChinaCandidate:Y A HuFull Text:PDF
GTID:2206360182956332Subject:International Law
Abstract/Summary:PDF Full Text Request
It is commonly thought that the contract law is made to ensure that people's goals are realized, for the sake of which, the actions one takes should result in some consequences, that is, contract law guarantees people's lawful actions result in legal achievement. Certainly, the enforcement of the promises of contract principles is the vital guarantee to ensure that people have faith in each other and private aims are realized, and the enforcement, in another term, is responsibility for breaching contracts, as frequently formulated, and it boasts extremely important status and functions in contract laws.The promulgation of our contract law is, undoubtedly, a great promotion to the construction of our socialist market economy, which, on one hand, is based on extensive references, the successful experience of law making and case judgment theories of the two law systems, the new loan regulations and principles of modern contract laws, much attention also goes to the link between international regulations and routines; on the other hand, is based on China's facts, the systematic and overall summary of our experience in law making and judicature practice. But to us, the most important may be that, one should overall and precisely understand the contract law principles of the two law systems and the new development trend of modern contract law, and, furthermore, one should make adequate researches into the basic conceptions and principles, and the like, of contract law. Surely, there exist so various contents in the law that the author can only make some superficial researches into the breach responsibility principle in this thesis.In this thesis, the author will make some discussions of some theories in the field of contract breach responsibility, which compromises five chapters: Chapter One deals with the definitions and principles, among which, much attention goes to the problem that which party bears the responsibility. Chapter Two deals with the exemption, Chapter Three deals with the specific performance, Chapter Four focuses on the researches into the compensationfor damages because of breach actions .meanwhile, the major part of this thesis,; Chapter Five makes some researches about the liquidated damages.The thesis attempts to make some basic concepts clear by means of studying some foreign judgment cases. It may be unilateral and superficial, and the theoretical discussions might have room to improve, but the author hopes it is constructive when one comes to contact and understand some conceptions of the principle of contract breach. And here, the author has to admit, he does not yet boast a perfect law training, which will inevitably lead to some errors in this thesis. All criticisms and instructions will be appreciated.
Keywords/Search Tags:relief for breach, expectation loss, reasonably foresee, liquidated damages
PDF Full Text Request
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