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Damages For Breach Study

Posted on:2012-11-19Degree:MasterType:Thesis
Country:ChinaCandidate:L ZhangFull Text:PDF
GTID:2216330338451235Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
According to the basic principles of the contract law, the party concerned shall bear the corresponding default is the responsibility of breach of contract. Breach of contract damages as the most frequently used form of liability, its basic and important role cannot be ignored, how to realize smoothly breach liability for damages are contract law function mainly embodied. This article is in default damages range of rules and basic rules of limited perspective of thinking and analysis. This paper is constituted by Introduction Text and Conclusion. The Text divided into the following four parts:The first part begins from the concept and characteristics of default damages, telling the harm understanding, the damages concept, characteristics, application conditions and the differentiation from default damages to infringement compensation. The part expounds and analyzes the basic aspects and the problems that involved default damages comprehensively.The second part is about the rules and the range of default damages. The Complete compensation principle as the basic principle of contract damages has three aspects.Another recent default damages exceptions--punitive compensation, its theory and the feasibility analysis in our country's applies also have exhaustive narrative comparatively in this paper.The third part is a comparison portraiture of the second part, mainly telling the default damages shall adhere to the general strict rules and special limit rules under this basic principle for complete compensation. The special limit rules register as the following three aspects:profit and loss balance out,defect and fault balance out, loss alleviation. For the three limit principle, there has exhaustive narrative comparatively and discusses about the relationship between them by using the method of comparison analysis.The fourth part raises the perfect recommendations about the discussed issue of default compensation system in our country based on the above three parts.
Keywords/Search Tags:Default damages compensation, Punitive damages, Limit of compensation, Perfect recommendation
PDF Full Text Request
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