Research Of Mental Damage Compensation For Breach Of Contract

This article aims to explore the rationality, specific criteria and mental damages compensation for breach of contract in current legal system. The research field of this paper is the contract and the marginal areas of infringement and contract.The first chapter studies the relevant legislations of mental damages and the relevant cases of compensation of mental damages, presents the issue that will be discussed according to the basic logics of civil law firstly. Secondly, illustrates the concept of mental damage, explains the relationship between mental damage and non-pecuniary damage, personal injury etc based on the basic meaning of words ‘’damage and spirit’’ etc. Finally, presents characteristics of metal damage: invisible, particular subject, subjective and objective, independent.The second chapter focuses on studying the relevant legislations and jurisprudences of mental damages compensation for breach of contract in civil law and common law countries, sums up these countries’ legislative mode and related system design finally.The third chapter analyzes the rationality of mental damage compensation for breach of contract. Firstly proposes the negative doctrines of mental damage compensation for breach of contract and makes brief comments. Secondly proposes that the division of contract and tort is a basis division in civil law which bases on their respective interests protected. The contract is expected to protect expectation interests and the tort is expected to protect inherent interest, illustrates the concept of expected interest and inherent interest, and the ingredients that they have. Thirdly uses expected interest protected in contract and foreseeability to demonstrate the rationality of mental damage compensation for breach of contract. The contract protects the expected interests that can be predicted and the spiritual interests belong to expected interest. However not all spiritual interests’ damage can be predicted by defaulting party when he enters into a contract. So only the spiritual interests’ damage that can be predicted by defaulting party on the general reasonable person standard when he entered into a contract are protected by contract. Finally discusses the problem of mental damage compensation when the injuring performance and concurrence of liability occur. The contract also protect the inherent interests, but the inherent spiritual interests’ protection and expected interests’ protection can not coexist according to the theory of free concurrence of claim. However the theory of mutual influence of claim has a good solution to this problem so that the inherent interests can be compensated in contract.The fourth chapter is the system construction of mental damage compensation. The first is the choice of legislative mode. Secondly poses a component of mental damage compensation. Finally puts forward the restriction rules of mental damage compensation for breach of contract.