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On The Non-property Damages For Breach Of Contract

Posted on:2007-05-03Degree:MasterType:Thesis
Country:ChinaCandidate:H J BaFull Text:PDF
GTID:2206360185969585Subject:Law
Abstract/Summary:PDF Full Text Request
Non-pecuniary loss, contrary to pecuniary loss, refers to the loss to the non-pecuniary interests of victim. Generally, non-pecuniary loss caused by breach of contract can not be compensated in traditional civil law. Although this principle isn't changed in modern society, many countries have broken through this principle, especially in Britain and America. For example, Britain has established a type of contract by which the victim can get the compensation for non-pecuniary loss by the method of typology. In theory the scholars of our country rarely support the principle of compensating for non-pecuniary loss caused by breach of contract. Although there are some cases of compensating for non-pecuniary loss caused by breach of contract in practice, they are solved by litigation for tort rather than by litigation for breach of contract. Therefore, the author makes a conclusion that it is reasonable to allow the victim to prosecute for breach of contract under some conditions and claim the compensation by analyzing the compensation for non-pecuniary loss caused by breach of contract.
Keywords/Search Tags:breach of contract, non-pecuniary loss, mortal loss, foreseeability rules
PDF Full Text Request
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