The Research Of The Forseeability Rule In Contract Law

This paper mainly studies the foreseeability rule of the contract law, the foreseeabilityrule first appeared in France, then developed in the common law, and improved ininternational treaty. It’s defined as the party of the contract due to breach of contract losses toeach other, only the conclusion of the contract have been foreseen or should have foreseen theloss of responsibility. The foreseeability rule make the principle of full compensation forrestrictions, to avoid the possible benefits is too large to explain in order to balance theinterests of the parties’ relationship.The writing of this paper is divided into four parts:The first part reviews the historical development of the foreseeability rule, to tease outthe development context of the foreseeability rule and found that the States on the"Foreseeability theory," the same point at different points, paving the way for later in thearticle discussed. The second is about the basic theories of the foreseeable rule. After combingeach point of view of theoretical circles, put forward their own views, so that we can have amore comprehensive understanding of the basic structure of the foreseeability rule.The second part is about the comparative analysis of the foreseeability rule and relatedconcepts. Most of the countries are first provides for the principle of full compensation for,then attempt “Foreseeability theory”, what’s the real relations of the principle of fullcompensation for and the foreseeability rule? We can find the theory of the foreseeability rulein France, but we can’t find it in Germany, it’s replaced by a causal relationship, what are thesimilarities and differences between the foreseeability rule and the causal relationship?Whether can it replace each other? All of that are we need to understand in the process oflearning the foreseeability rule. After the comparison of the foreseeability rule and theprinciple of full compensation for, the Fault, Causation theory, and Analyze, will enable us tohave a comprehensive understanding of the foreseeability rule.The third part is a discourse the applicable of the foreseeability rule. Applicable topractice is important for a rule of law. Breach of contract damage often occurs, but theforeseeability rule is not always applicable. Because only if the conditions are met; theforeseeability rule should be applicable, otherwise the applicable of the rule should beexcluded.The fourth part is about the legislative proposals of the China’s foreseeability rule. With the analysis of the pass three-parts, we found that the foreseeability rule in China was toosimple and inadequate theoretical research and practical applications are so little, I hope thispart of the recommendations, can help to promote the development and improvement aboutthe foreseeability rule in our country. I hope to establish a theoretical basis for the applicableof the foreseeability rule in our country.