Analysis On The Damage Compensation For Breach Of The Contract Appointment

The methods of bearing liability for breach of a pre-contract mainly include: continue to fulfill, compensation for damages, the deposit liability, terminate the contract, etc. As the relief way which is defined by Our country judicial interpretations, the damage compensation for breach of the contract appointment has superior system value, which can not only make up for the loss and the trading risk because of the change of the situation, but also timely gain the expected interests through the loss of compensation of expansion of trading opportunities. the nature and scope of the damage compensation is different from related concepts, and is correspond to the classification of the pre-contract's practice. On the scope for the breach of contract damages responsibility, there are two main points including “Reliance interest theory” and “Expectant interest theory”, but it is too arbitrary for such a classification and it is necessary to make a distinction between the specific content of the pre-contract, so as to guide the judicial practice.This paper firstly introduces the concept, characteristics, the legal foundation of existence of the appointment contract, which leads to the research topic of this paper, the damage compensation for breach of the contract appointment. Then Discussing the theory concept, analyzing the institutional value, distinguishing among the related concepts, including the contracting negligence liability for damages, the damage compensation liability and the liability for damages of conditional contract, and at last, concluding that it has the Necessity of existence of the damage compensation for breach of the contract appointment. On the basis of the views of theory and practice, this article has carried on the classification to the damage compensation for breach of the pre-contract, which is divided into three categories, including the payment declined, delayed payment and the impossibility of performance.On the premise of the theoretical analysis, this article concentrated on the scope of the damage compensation for breach of the pre-contract, in detail. From the aspects of the two points: “Reliance interest theory” and “Expectant interest theory”, this paper draws the conclusion that the scope of the damage compensation for breach of the pre-contract range should be based on the content of the contract: To make an appointment contract with simple discuss consult for content, the scope should be subject to reliance interest; To make an appointment contract to conclude this about contents of the formal contract, the scope should be subject to expect interest; Have no agreement on the nature of the proposed contract, the compensation scope should combine intention between the parties to analyze.