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Breach Of Contract Damages Ranging Study

Posted on:2008-09-30Degree:MasterType:Thesis
Country:ChinaCandidate:M L WangFull Text:PDF
GTID:2206360215973112Subject:Law
Abstract/Summary:PDF Full Text Request
Parties which breach the contract, must bear responsibility for the corresponding default. Damages for breach of contract is the most basic, important and the most frequently used form of default liability. The smooth realization of damages for breach is key to function of contract law. To pursue the default liability for damages, first we must determine the scope of damages for breach ,second we will calculate the amount of damages for breach. This paper will focus on these two issues ,including The Rule of Total Compensation, The Rule of Foreseeability, The Rule of Miligation of Damage, The Rule of Counterbalance between Loss and Profit, even The Rule of Counterbalance of Error, and the method of calculating damages for breach, content of calculation. Of course, in addition to these elements, it also includes the concept and classification of damages. Meanwhile ,this article attempts to expose damages for breach of the system in the common law and civil law to improve the operation of the legislature and the judidary in our country.The first part discusses the concept, features, components and classification of damages for breach, in particular discusses the constituent elements of damages for breach. Components of damages for breach constitute violation, the consequences of damage and the causal relationship between the two. The concept of damage experienced a gradual process of development and perfection . Theorists have different definitions of the concept of damage. Defining a uniform concept is not easy. Damages for breach can be divided into two types : statutory damages and the agreement damages.Agreement damages is the embodiment of the principle of party autonomy, its validity is better than statutory damages. Affirmed the validity of agreement damages, damages for breach can be solved in a timely manner. However, due to the application of agreement damages relatively simple, so it is not the focus of this paper. This paper focuses on the relevant contents of statutory damages.The second part explains two basic rules on the scope of damages for breach. One is the Rule of Total Compensation, the other is the Rule of Foreseeability. Almost all countries in the world provide the Rule of Total Compensation. It is a guide role to determine the scope of damages for breach. The theoretical value of the rule of Total Compensation far exceedes the actual value .The Rule of Foreseeability is the basic restricted rule of determining the scope of damages for breach, it has great vitafity and rich theoretical. China's contract law also provides for the Rule of Foreseeability. However, there are many shortcomings in leaming the Rule of Foreseeability in china.Third segrnent shows the Rule of Counterbalance between Loss and Profit, the Rule of Counterbalance of Error, the Rule of Miligation of Damage .On the Rule of Counterbalance between Loss and Profit, this paper focuses on the constituent element of it and the circumstances which donot constitute elements of the Rule of Counterbalance between Loss and Profit in real life. On the nile of Counterbalance of Error, this paper introduces the concept ,the theoretical basis and application conditions of it. The rule is applied to the fault liability occasions, but it also applies strict liability occasions in common law .On the Rule of mitigation , this paper introduces the concept, legislative overview, the theoretical foundation and Components of it. China's Contract Law clearly stipulates the Rule of mitigation, which is the result leaming from the Common Law.Partâ…£is on the calculation of damages for breach. After determining the scope of damages for breach, the calculation of damages has become a major issue. The calculation of damages for breach is not just a question of fact, the more important it is a legal issue. Calculation of damages for breach includes calculation method, calculating standards and composition of damages. Calculation standards of damages for breach which is the focus of the presentation.Partâ…¤is concemed with the proposal to the current legislative sytem defects of damages for breach in our country. Most focus on proposals in principle, as for the specific operating procedures, the objective circumstances are complicated, the legislation made it difficult to provide unified.
Keywords/Search Tags:classification of damage, the Rule of Foreseeability, the Rule of Mitigation of Damage, the Rule of Counterbalance between Loss and Profit
PDF Full Text Request
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