Breach Of Contract Damages Ranging Study

As the breakthrough point on the study of Compensation for the Breach of Contract both theoretically and practically, the scope of compensation for the breach of contract is to some extent the core problem as to dealing with the compensation for the breach of contract. Scholars within our country have referred to it on many occasions, however, seldom is it the focus of their works. In the meantime, the facts which lead to compensation for the breach of contract are many and varied, plus the lack of detailed stipulation in Chinese Contract Law and related legal interpretations, therefore there is no uniform and clear recognition in legal practice. In light of the above situation, the author tries to make a systematic and specific research on the scope of compensation for the breach of contract, which is exerted through a comparative approach and is well based on a variety of maritime-law-related cases. If this dissertation could be of any benefit to the development of the theory and practice of compensation for the breach of contract, the author will be satisfied.The dissertation falls into three Chapters, and is organized as follows:The first Chapter is the general introduction of the compensation for the breach of contract. As the most important and often-used form of liability, compensation has its own characteristics. The goals of compensation for the breach of contract are protection and motivation, which are interconnected and complementary to each other. It is the consensus of most countries of international community that only through full-compensation can they achieve the foregoing goals.Chapter II summarizes the contents of the compensation for the breach of contract. It is necessary to have a clear idea of the contents of compensation for the breach of contract, hence the author compares the classification of the breach of contract in the landscape of common law system with that of civil law system, and analyses the involved stipulations of our country. However, the contents of reliance interest in different legal system is the focus of this Chapter, the author also lists the defects of our country's legislation on reliance interest and take a step further to give advices on its improvements.ChapterIII is about the limitation of the compensation for the breach of contract. Founded on the analysis of the contents of compensation, the author introduces a variety of rules in defining the scope of compensation for the breach of contract, namely, the rule of foreseeability, counter balance between loss and profit, Loss mitigation and Mixed Liability. The rules' connotation, development and related cases are introduced respectively, their potential positive influence on our country's Contract Law.