Compensation For Mental Damage In Breach Ofcontract

The compensation for mental damage has been playing important role inprotection of human rights of individuals, especially spiritual interests since itsemergence. In juridical practice and basic theory of civil law of China, thecompensation for mental damage has been limited to tort liability, but notresponsibility of breach of contract. However, with the development of society, thepractice is gradually being questioned. The article will demonstrate the rationality andnecessity of the system from multiple angles.There are four chapters in the essay except Introduction and Conclusion. Thefirst chapter distinguishes between “mental damage” and “non-property damage” onthe basis of examining domestic and international legislation, judicial practice andtheory. Then, it defines the core concept of mental damage that refers to physical orpsychological suffering. The second chapter compares and analyses Civil law,Common law, International treaties and China’s legislative and judicial status,describes that compensation for mental damage in breach of contract has experienceda difficult process from be negative to be positive all over the world. In our country,the legislation on compensation for moral damage is mainly reflected in the field oftort law, most scholars of the theory oppose mental damage in breach of contract.Chinese legislation on this issue is not expressly provisions. The status of suchlegislation has brought a great confusion in Chinese judicial practice. The third chapter mainly reflects the views of scholars who oppose compensation for mentaldamage in breach of contract, and then explains the necessity to establish the system.The fourth chapter mainly describes the existing system of compensation for mentaldamage in breach of contract in China, and we just need legislation to improve thissystem. Meanwhile, the chapter also describes that mental damage in breach ofcontract should be limited by predictability rules, mitigate loss rules, gains offset thelosses rules, contributory negligence rules and so on.