Studies On Compensation Scope For The Breach Of Contract

Accordance with the law or contract. the party fails to perform or not fulfill acontractual obligation according to the agreement should undertake compensationrespomsibility.If you want to quantify the damages,you must be clearly defined the scopeof the liquidated damages.liquidated damages range should adhere to the principle of fullcompensation.According to the basic spirit of our country contract law,the scope of theloss ocontain active losses and the possible benefits,that is,it is necessary to compensatethe party’s direct loss,but also take into account the possible benefits.However,in order tomake the liquidated damages fair and reasonable,blindly emphasized the compensationobligations of the defaulting party is unfair.therefore the scope of liquidated damagesshould follow the principle of full compensation combined with some rule such as the ruleof foreseeability, the rule of counterbalance between loss and profit,the rule ofcounterbalance of error,the rule of miligation of damage.this article start from the conceptof liquidated range,combined with the states and the relevant provisions of contract law ofchina.Damages for breach of contract and its closely related issues will be discussed.