Breach Of Contract And Mental Damage Compensation

With the development of economy, the legal consciousness of public increases day byday.At the same time, the compensation for mental distress caused by breach of contract hasbecoming the focus of both theory and practice. According to traditional theory, only propertyloss was included by the compensation of breach of conduct, without the compensation formental distress. If the breach of conduct leads to mental distress, victims may claim forcompensation of tort ability. However, not only breach of conduct will contribute to mentaldistress, but the breach of contract. And such situation is quite often in society. For mentaldistress, if only allowing the victim to claim for compensation of tort ability, then the victimwould not have the right to claim on the compensation for mental distress caused by breach ofcontract.The essence of law lies in the fairness and justice, it is imperative to build the rule ofcompensation for mental distress in the filed of contract for the citizen’s rights and interests.Referring to the foreign legislative and judicial experience, the rule of compensation formental distress is almost applicable, as is just different on specific legislation. In practice, thecourt also have the courage to break through the legal lag by recognizing mental distresscaused by breach of contract simply. I think mental distress is not only belong to tort ability, itis also apply to the filed of contract. This paper will analyze the rationality of establishment ofthe rule of compensation for mental distress in contract law from four aspects——thefoundation, comparative law perspective, domestic status quo and how to build it.The first part mainly discusses the justification of mental distress caused by breach ofcontract. Firstly, this part will summarize the mental distress caused by breach of contract,then list traditional theories and the author’s views. Finally, the author will demonstrate thevalue of establishing compensation for mental distress and demonstrate it is very significant.The second part mainly introduces the legislation of foreign. The foreign legislative andjudicial experience will have a positive attitude to the compensation for mental distresscaused by breach of contract, analyze the pros and cons. And we can learn the system fromthem.The third part mainly discusses the domestic. It is will summarize the legislative andstatus quo. Chinese law have a negative positive for mental distress caused by breach ofcontract, only recognize mental distress caused by breach of conduct. But in practice, the court also have the courage to break through the legal lag by recognizing mental distresscaused by breach of contract simply.The fourth part mainly introduces how to build the system. Our country’s law shouldbuild a principle in institutions which is general situations are allowed and exceptional casesare banned. And list the type of contracts which we can claim compensation for mentaldistress. The last we should make a necessary control for the system.