Research On The Principle Of Foreseeability On Breach Of Contract

The goal of this paper is to constructure rules of the application of the principleof foreseeability，so we can clear up mistakes existing in the application and makethis application of this principle easier and more clear.Chapter Ⅰ:The first part of this paper is to describe the status,questions andreasons of the application of this principle.the questions include: some courts havevague realization about elements of this principle.sometimes two courts makedifferent judgment on same cases,and so on. The reason for this statue can ascribedto the abstraction of the legal articles,so it is hard to definite these elements of thisprinciple.Chapter Ⅱ: The second part of this paper is the mainbody,and this part is toanalyze these elements of the principle. These elements includesubject,time,object,standard,and the subject and time have been defined in thearticles,so this paper will emphases on other elements. There are several theoriesabout the object,for example damages types theory,the amount of damages,damagefacts and so on. This paper accepts the theory of damage styles,because this theory iseasier to apply. For the standard of foreseeability,there are two aspects to explain. Onthe one hand,the principle of distinction divides damages into ordinary damages andspecial damages,on the other hand,the standard of foreseeability in the cases of tort isover the contract violations. In order to make the consequences more reasonable,there are several theories to limit the damage amounts. The theory of agreement to bearcosts and the theory of disproportionate are the main theories. This paper accepts thesecond theory because it is more clear and conforms to the logicality.Chapter Ⅲ: The third part of this expounds the principle form another point ofview. That is to say,there are some situation that the principle can not apply to. Theare four situation that this paper lists.(1) the principle can not limit to the directdamages and basic trust interests;(2) the damages caused by the party intentional orgrossly negligent will not apply this principle;(3) when the parties reach anagreement that excludes the application of this principle, then follow this agreement;(4) coerces majeure is easy to be confused with this principle, so we should payattention to this difference between them.