Research On The Problem Of The Contracting Fault Liability

The responsibility for contracting negligence has been put forward so far,both in the theoretical level and in the judicial practice of the development of vertical and horizontal,horizontal breadth.However,at present,the author has not yet made specific stipulations on the law,the scope of application and the scope of compensation,which is not only a hotspot for the study of law theory,but also for the difficulties of judicial practice.It lacks a unified standard and undoubtedly enlarges the Discretion,to the judicial practice set up obstacles.In this paper,the case analysis and literature analysis methods,selected typical cases,combined with case analysis to clarify the contractual fault liability theory of the above issues.In the first part,the author introduces the historical evolution,the focus of the controversy,the meaning of the topic and the purpose of the thesis.And then through the introduction of the case(carefully selected three typical cases)combing the constituent elements of the contractual fault liability,the scope of application and scope of compensation and other three key issues of controversy and focus on research issues.First,for the identification of the constituent elements of the fault liability,the author very much agree with the "four elements that",and pointed out that the offeror to withdraw the offer without authorization,the perpetrator is not "must" bear the responsibility of the fault of the contract,Need to meet all its constituent elements,and need to be based on the specific circumstances of the specific circumstances of the specific analysis;Second,the scope of the scope of the liability for the fault of the contract that the level of this issue from the scope of time and space applicable to two aspects of the discussion,combined with the case of shopping The author of the article that should not only compensate for the direct loss of trust benefits,but also should cover the indirect benefits of trust benefits,inherent interests,mental damages,and so on,and so on.Several levels.