Breach In The Spirit Of Damages

It existed that compensation for damages for non-pecuniary loss in tort, however ,it is different in breach of contract for different people. Author puts forward the damages for non-pecuniary loss should be compensated, or it is unfair for the plaintiff. This essay starts with development of compensation for damages for non-pecuniary loss in breach of contract, and reveals consistent development of that and society . finally, in order to reveal it clearly this essay classifies it .The essay is consisted of four chapters except preface and epilogue. Chapter 1, analyzes basic concept, to define that spirit damage is the same with non-pecuniary loss damage, and reveals the idea of common nowadays and points of this essay. Chapter 2,reveals the start and development of this problem .author considers it was not compensated firstly, but as time went by ,the society need that . Because it is claimed by today's law, our country should follow it. Chapter 3, analyzes the cause of compensation for damages for non-pecuniary loss in breach of contract . Author points out the different between tort and contract is comparative , so the damage should be compensated . Author furthermore puts forward co-protected point is the base of compensation . Chapter 4, classifies damages for non-pecuniary loss. Firstly, author reveals the kinds of America ,secondly the kinds of our countries'Ii Yongjun and Cheng Xiao. In this essay , author subdivides damages for non-pecuniary loss into two : the damage from breach of contract itself and the damage from out-rise of breach of contract. In order to reveal it clearly, author puts forward some samples related it.The main contribution of this essay : 1, the essay puts forward that co-protected point can adapt compensation for damages for non-pecuniary loss in breach of contract. This essay considers the damage is the breach of protected duty, one of supplementary contract duties.