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On Breach Of Contract Damages

Posted on:2007-08-24Degree:MasterType:Thesis
Country:ChinaCandidate:C H TangFull Text:PDF
GTID:2206360182981038Subject:International Law
Abstract/Summary:PDF Full Text Request
Compensation for breach of contract is the most common and important method ofbearing civil liability now, while damages can be considered as the most importantone among those forms of compensation. As a bridge between jurisprudence andpractice of compensation for breach of contract, the scope of compensation could beregarded as the core of compensation for breach of contract to certain extent. In thethesis, the author discusses and analyses those key questions comprehensively andsystematically, with comparative pattern of studying being used. Moreover, in the lastpart of the thesis, the author expounds her view on mental damages arisen frombreach of contract, a rather disputed topic.Apart from introduction this paper consists of four parts:Partâ…  The Outline of Compensation for Breach of Contract. In this part the authorintroduces some basic knowledge of compensatory damages briefly, which is thefoundation to go on. All kinds of damages and their relevant theories are introducedhere.Part â…¡ Based on those, the author then goes on to the scope of compensation forbreach of contract. You will find that all relevant important rules are all presented here.The Prime Rule of Compensation for breach of contract: The Rule of TotalCompensation. Some limiting rules on compensation for Breach of contract. Theauthor expounds four fundamental rules: the rule of reasonably foreseeablility, therule of mitigation of damage, the rule of counterbalance between loss and profit,andthe rule of counterbalance between errors.Part â…¢ Mental damages arisen from breach of contract, a rather disputed topic. Inthe last part of the thesis, the author expounds her view on a rather disputed topic,mental damages arisen from breach of contract. Her conclusion is that mentaldamages arisen from breach of contract should be supported.
Keywords/Search Tags:Total Compensation, Reasonably Foreseeablility, Mitigation of Damage, Counterbalance between Errors, Mental Damages arisen from Breach of Contract
PDF Full Text Request
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