Law And Economic Analysis Of Precontractual Liability

As one of the most important parts of the civil law liability area, precontractualliability with unjust enrichment, voluntary service, tort and contractual liabilityconstitutes the causes of debts in civil law. Compared to foreign developed countriesand regions, the research on this field of China develops rather late. It still lackstrenchant theories in our country’s academic at present. fter years of development,economics of law is one of powerful tools for analyzing legal system, using themethod of economic analysis of law, in terms of the orientations of precontractualliability, the object of protection, the composed elements and the scope ofcompensation, the paper establishes an economic model and analyzes the state ofbeing responsible, four conclusions are drawn about the system construction ofprecontractual liability. In the positioning of law, the article positioned theprecontractual liability as the third kind of liability which is a major breakthroughagainst the traditional principle of privity of contract, and make a more suitableprotection of market trading rule which does not covered by the traditional liabilityfor tort. In the object of protection, expanding the scope of protection ofprecontractual liability properly and limit it with the principle of foreseeability canraise the level of reliance investments reasonably. In composed elements, applyingfault principle to the precontractual liability can give the parties a more clear actionguiding. In compensation scope, bringing the loss of inherent benefit, opportunityloss and pure economic loss into compensation scope of precontractual liability,meanwhile using performing benefit as reference standard of compensationcorrespond laws of economics.