Liquidated Damages Of Predictability Rules

As one of the restrictions to the complete compensation principle of damages, the foreseeability rule has widely accepted and applied in most countries of the world. Althouth the theory foundation and specific rules are different in countries, the same target of foreseeability ruls is limiting the scope of compensation of damages. The foreseeability rule has established in Article113of Contract Law in China. But the rule has much to improve in China’s legislative and judicial practice. In order to make the application of the rule in China much better, the paper discusses the problems of forseeability rule in China and give some suggestions. The thesis is devided into four chapters as follows:The first chapter introduces the instance of legislation and theoretical basis of the foreseeability rule. Firstly it indroducts the Foreseeability Rule in French Law, caselaw of Anglo-American and International Law. Then introduces the theoretical basis, including the theory of autonomy and policy in French Law, efficiency and justice in Anglo-American Law. It also analizes the limits and exclusion of foreseeability rule in different countries.The second chapter compares the applicable rules of foreseeability rule, including the the subject, the time, the standard, the content, the standard and the exception respectively, based on which, it is pointed out that under the guidance of different theoretical basis, the characteristics of the rule are different.Chapter three compares the differences between foreseeability rule and the causal relationship. German uses the theory of causal relationship as the way to limit the compensation of damages and the causal relationship is not perfect. Forseeability rule and causal relationship has the same function, but also have many differences.Chapter four gives some advices of perfecting the foreseeability rule in Chian. Foreseeability rule has been estublished in the legislative and judicial status quo of the rule in our country. But there are also many problems and we need to draw lessons from the other countries to provide our foreseeability system, including the applicable standard, the applicable scope, disclosure of information, and the prosecutorial discretion of judges.