Font Size: a A A

Research Of Foreseeability Rule Applied On Contract Law

Posted on:2014-02-10Degree:MasterType:Thesis
Country:ChinaCandidate:X Q XuFull Text:PDF
GTID:2246330398468707Subject:Civil law
Abstract/Summary:PDF Full Text Request
Compensation for loss in breach of contract law has always been a big difficulty in contract law, in current most countries use foresceability rule to limit the scope of compensation. The meaning of this rule is to the loss caused by his violation of contract the default party only needs to compensate within the scope of foreseeable. This rule not only protect the autonomy of the parties, But also allocate the risk effectively.It has very important significance in both legal theory and judicial practice. But in our country, this rule hasn’t played very well.In this paper use the case of contract between titanium Industry Company and machinery manufacturing company. Mainly combining with criminal judgment, analysis the case, discuss the cognizance of relevant facts, the application of the law and value judgment of this case. Trying to clarify the main debate in this case form legal theory.After this intend to make out the conditions and criterion when use the rule this thesis had analyzed applicable scope, applicable conditions and the criterion of the foreseeability rule. Finally the author makes some suggestions for perfecting the judicial aspect and deepens understanding of the rule.
Keywords/Search Tags:The Foreseeable Rule, Compensation for loss in Breach of Contract, Attainable Interest
PDF Full Text Request
Related items