Interest On The Damages Available In Contract Law

There is an important part in compensation system for the breach ofcontract——Acquirable Interest, many countries have done a lot of research aboutacquirable interest, and they have made provisions about acquirable interest in thelegislation. Although the Contract Law of P.R.C, Section113, also makes provisions aboutthe acquirable interest, but the provisions are too principled. It is difficult to operate inpractice. Therefore, the provisions cannot give enough protection about the interest of theobservant party. This paper tends to make a simple analysis on these issues, and expect tosort out the relevant problems. This paper is divided into three parts. The first part mainlydiscusses the conception and the characteristics of the acquirable interest, and thenecessity of compensation for the acquirable interest loss. On the basis of the study aboutthe conception and the characteristics of the acquirable interest, the author also analyzesthe relationships between acquirable interest and the relevant interests in common law andcivil law. The relationships mainly include the relationship between acquirable interest andexpectation interest, performance interest; the relationship between acquirable interest andreliance interest; the relationship between acquirable interest and direct loss, indirect loss;the relationship between acquirable interest and opportunity loss; and the relationshipbetween acquirable interest and consequential damages. Through the comparison ofrelated interest, we can have a better understanding of the relevant provisions of theforeign countries, therefore, we can learn from other countries. The second part of thispaper mainly introduces the relevant provisions of other countries, and the provisions ofacquirable interest of our country. In this part, the author also discusses the pros and consof the legislation of our country. In the third part, firstly, the author introduces theconstitutive requirements of compensation responsibility of acquirable interest loss.Secondly, the author discusses the burden of proof and the proof rule of the loss ofacquirable interest. And the specific calculation methods of the loss of acquirable interestare also introduced in this section. In the last, the author introduces the relevant ruleslogically to limit the compensation after the scope confirmed on the loss of acquirable interest. Among all the rules, the rule of reasonable foresight is the most important one.The author mainly discusses the rule of reasonable foresight in this section.