On The Scope Of Compensation Of Liability Contracting Fault

Contract Law of People’s Republic of China has provided liability for contracting fault, but it cannot be described in detail under just few articles. The fact that the scope of compensation of liability contracting fault does not rule specifically has resulted in different practical standard being applied in judicial practice.As to this article, the author focuses on legal interests protected by regime of contracting fault liability. By exploring legislative purpose of this regime, and differentiating the nature of inherent interests and reliance interests, the author constructs a theoretical regime of culpa in cotrahendo and analyzes the scope of compensation following damage which arises out of culpa in conrehendo. Through distinguishing liability for negligence under general situations and liability for contracting fault under particular situations, this article discusses specific core issues under particular situations, and then establishes general principles and special compensation regime.