On The Attainable Interest Dispute Between PetroChina Co. Ltd And Kai Jie Co.

The case of attainable interest dispute between PetroChina Co. Ltd and Kai Jie Co. is a typical case of attainable interest compensation. Kai Jie Co. said that the PetroChina Co. Ltd unilaterally change access denied200acres of intentionality land agreement, is not the performance of both the pre development cooperation contract performance, which is constitutes a fundamental breach of contract. Kai Jie Co. compensation can get profit18550000yuan. While the PetroChina Co. Ltd said that he did not change location. The real reason is that Kai Jie Co.without the cooperation in the early stage technology development contract7licenses for the obligations, loss of capacity. The PetroChina Co. Ltd shouldn’t assume any liability to pay compensation. The case went through a three years, three trial, N meetings, Proceedings of fierce, former defendant both sides each sticks to his argument, the huge difference between results at all levels of court judgment.In the civil breach of contract disputes, in order to restore economic losses, the other party will claim compensation for direct loss and can get benefit loss to the defaulting party t. However, due to the available profit loss is assumed to fulfill the contract in normal circumstances, the other party may gain, relative to the direct losses, there is a future, expectation and uncertainty characteristics, the judge in this case great discretion, such as the specific grasp no standard. Often large differences of the civil judgment——or lack of evidence is not support benefits available to appeal, or by the judge as appropriate amount of personal experience judgment excessively high or low distortion, resulting in the amount of compensation gap with the case got bigger. Not only harm the interests of the parties, the impact of fair and authority of justice.According to the judicial practices in Changsha Kaifu District People’s court, Changsha City Intermediate People’s court, Hunan Higher People’s court cases, I hope that the foreseeable rule, the rule of mitigation of attainable interest compensation problem can provide references for the judicial practice.