Research On Compensation For Non-pecuniary Loss In Breach Of Contract

It’s the requirement and advancement of modern legal system to give non-pecuniarydamage contract remedies. In our current legislation, contractual obligations only relievethe property loss which they can foresee or should have foreseen when they are reachingthe contract, but not including the non-pecuniary damage. As one type of loss,non-pecuniary loss has always been relieved by the tort law in our legislative practice. Asthe change of society and the develop of economic, the protection range of the contractlaw should be expanded. Especially as the emergence of some new types of contracts,more and more non-pecuniary loss of the non-defaulting party involved in breach of thecontract. However, our current legal system does not keep up with this trend of contractualobligations, which adhere to the traditional legal concept, so that people who sufferednon-pecuniary damages when the other party breached the contract cannot get directremedies from the contract law. Although the responsibility for that type of legal loopholescompeting system temporarily and compensate for the effect of moderating, but not up tofull fill this legal loophole purposes. Although there is the rule of liability concurrencewhich offers the victims a way to get compensation, but it’s far away from enough.Because, in some certain types of breach of contract, the breaching conduct did not causeimpairment of real property, but only failed to achieve the spirit benefits the contractcontains. In this case, since there is no real damage occurs, it can not seek relief on thebasis of tort law, and thus non-pecuniary damage victims can not get relief through therule of liability concurrence. And contract law takes a negative attitude for non-pecuniarydamage, non-pecuniary damage suffered by the victims can not be compensated.For this situation in our country, the author intends to leverage comparative lawanalysis, learning the existing practice from the experience of other countries and regions,to demonstrate the rationality base of relief on non-pecuniary damages in breach of thecontract, And then analysis the necessity and feasibility for our country to establish this non-pecuniary damages relief system, propose the principles of general permit withcorresponding restrictions and amendments.Among them, the introductory part of the essay is to analyze the meaning andpurpose of the research, and analyze our existing studies.The first part is mainly about defining the corresponding concept. Firstly, it’s theconcept of the non-pecuniary damage, clarifies the definition and characteristics of thisform of damages; and then take a type analysis of non-pecuniary damages caused by thebreach of contract, Carry out the real possibility of non-pecuniary damage caused inbreach of contract through the judicial practice cases.The second part demonstrate the rationality of the rule through the perspective ofcomparative law analysis. By way of comparative law analysis, the course introduces theestablishment and development of the system in several countries and regions, with atypical sense, provide the appropriate reference for the establishment in our country.The third section is intended to demonstrate the feasibility and necessity of ourcountry to establish the relief system of non-pecuniary damages by breach of contract.Firstly refute opposing views of several scholars one by one-predictability problem,impede trade problem, prove problem, estimate problem and contract and tort liabilityproblem. Secondly analysis the necessity of this rule through the require of the principle offull compensation, insufficient of the rule of responsibility concurrence, as well as therequirements of the expansion of contract obligations.The fourth part focuses on the construction of the specific system. How to build anon-pecuniary damages by breach of contract relief system in our country? In the designof the system, the attitude of general allowance should be adopted. But in order to make abalance between the rights and interests, there should be some appropriate restrictions andmodifications, mainly through the typing of contracts and some legal rules.