Font Size: a A A

A Study On Calculation Of Damages For Breach Of Contract

Posted on:2018-01-17Degree:MasterType:Thesis
Country:ChinaCandidate:S Y ZhangFull Text:PDF
GTID:2336330515479850Subject:Law
Abstract/Summary:PDF Full Text Request
As a common forms of liability for breach of contract,compensation damages for breach of contract have a great effect on protecting the rights and interests of both parties in contract and maintaining market economic order.But the calculation of the damages has always been a problem for judges,if we want to find a way to solve this problem,we should focus on the entire damage compensation system.During the analysis of calculation scope?methods?relevant restriction rules,trying to find the crux of the problem and put forward personal views,thus laying the groundwork for the precise calculation of compensation.Through the summary of some specific cases,we know that the reasons of resulting in compensation for breach of contract difficult to calculate are varied.So the author try to sum up three obvious causes.First,the definition of "damage" is unclear.By comparing three theories about "damage",I will put forward my own views.Second,the definition of compensation for breach of contract damages is excursive.I will summarize the existing problems in the definition of the scope of compensation for damages on breach of contract,and by the comparative method,trying to use the perspective of contract interest to reconstruct the scope of compensation for damages on breach of contract according to our country's current judicial situation.Third,lack of application provisions for calculation methods.Through the comparative study of two different calculation methods,the author try to seek the correct application of the calculation method.The relevant rules for the calculation of damages for breach of contract are another important factor affecting the calculation results.I will not only discuss the application and elements of these rules in China,but also put forward my own view about two important rules:principle of complete compensation and principle of predictability.Professor Han Shiyuan has put forward a basic formula of calculation of damages for breach of contract in his book.The author will take this as inspiration,combined with the reconstruction of the contract interest which were proposed in the first part,design some specific formula according to different circumstances.Because of the variety of contract types in practice,it is not possible to propose a universal formula,so the author will take contract of sale as research object.According to the different party of contract breaches and the different degree,to sum up different calculation formula.Providers of other subject matter or services may apply the seller's formula by analogy,and the recipient may apply the buyer's formula.
Keywords/Search Tags:contract interest, calculation method, restrictive rules, calculation formula
PDF Full Text Request
Related items