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Breach Of A Vested Interest Damages

Posted on:2013-03-06Degree:MasterType:Thesis
Country:ChinaCandidate:R MaFull Text:PDF
GTID:2256330425950888Subject:Civil and commercial law
Abstract/Summary:PDF Full Text Request
China’s judicial practice, after the promulgation of the "Contract Law" compensation,liquidated damages include benefits foregone conclusion, but in practice, the "Contract Law"Article113Breach intereststhe provisions are rarely apply those cases are not really able toaward compensation trial practice, breach of interests of compensation is always a difficulty.This paper attempts an Analysis of issues related to the breach of the possible benefits to thebenefit of their own work and judicial practice. The first part, mainly on the breach of contractbenefits the nature, characteristics, and related legal concepts, as well as breach of the mainmanifestations of profit loss and the need for compensation. The second part, mainly on the fourrestriction rules breach profit loss: predictable rules, to mitigate the damage rules, income offsetrules and fault offset rules, as well as the breach of the possible benefits calculated to reveal thepossible benefits loss the three main types of production loss of profit, resale loss of profit andthe operating profit or loss of the specifically identified rules and standards. The third partexplains the standard of proof, and the burden of proof of breach of contract benefitscompensation in the judicial practice allocation, and focuses on the use of expert conclusionsprove Breach interests compensation. Elaborate breach of contract can not be applied to thecase of compensation for benefits from the level of the law.
Keywords/Search Tags:Breach of interests, limitation rules, relative certainty, calculated
PDF Full Text Request
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