Foreseeability Of Contract Law

In this thesis, the foreseeability rule of the contract law is discussed. The foreseeability rule is originally developed to limit compensation of party in breach, which shall not exceed the scope he shall and may foresee on concluding the contract, for a loss caused breach of contract. As a method of cutting off causality, the foreseeability rule is the restriction to the entire compensation principle in Contract Law.First, I reviewed and analyzed the foreseeability rule, reviewed its formation and development of history, the various stages of the existence and application. At the same time shows the status quo of the foreseeability rules on the private international law. So, we can get more understand the foreseeability rule from its existence and development.The second chapter is study on the basic structure of the foreseeability rule. From the principle, predictable time, predictable content, predictable standards of judgment four areas to explore, we have been analyzed and compared the results of research, and made my judgment on this basis. Meanwhile, in order to better grasp the foreseeability rule. we compared the foreseeability rules of contract law and the rules of the tort law in the second part of this chapter , Which will be more help to grasp the subtle differences, more accurately grasp the basic structure of the rule, the right to practice.The third chapter is the summarized and analyzed constraints and limitations of the foreseeability rule. The causal relationship is fundamental restrictions, so in this chapter in the first part, we discussed the relations between the foreseeability and the causal relationship. The second part is a summary of the restrictions from the legal provisions and practical application of the rule.The forth chapter is China' s Law on the foreseeability rules of the kind of state. In the legislative, judicial practice, the parties to a contract with the initiatives deal with three aspects of the rules, demonstrates the current situation of the foreseeability in China, demonstrates the foreseeability rules in China' s development. The fifth chapter is summary and analysis of domestic and foreign scholars on the evaluation of the foreseeability rule; on this basis we made some proposals to improve the predictability of the proposed rule.This paper has always been to accurately grasp the foreseeability rule, proper application, to promote practice on the application as the fundamental purpose and guidance, therefore content and structure of the article is also designed for this, but there are still many details which need more in-depth study.