The Applicable Study Of The Rules Can Be Foreseen In Contract Law

As a way to bear the responsibility to the contract, compensation for damages has always been the focus of academic research, and it is also the difficulty in the judicial practice. As basic tools of limiting the scope of Liability for breach of contract, Predictable rules is originated in France, developed in Britain and the United States, and applied all over the world. Although there is a clear regulation that predictable rules is to limit the scope of Liability for breach of contract in our country, the law is too abstract and rough. So the applicable effect of the rule in the judicial practice is not very ideal. As a whole, it is on the stage of relying on discretion of the judge to a large extent. The main purpose of this paper is to clarify existing misunderstanding of applying predictable rules on contract law in our country and put forward some advice to perfect predictable rules. This paper consists of five parts:The first part expounds the theory foundation of foreseeable rules in contract law. This part discusses that it is based on the value of freedom, justice and efficiency that the predictable rules breakthrough complete compensation principle. With comparison of causality and the predictable rules on tort law, it is to clarify the relationship of predictable rules of contract law and the relevant theories, and highlight the uniqueness and the value of the rule.The second part elaborates the judicial status of predictable rules in our country. As the rule is applicable in the judicial practice, the defects of the system design also gradually exposed. Firstly, the lacking of operable standards gave rise to teeming with the phenomena of different sentence in similar cases. Secondly, in terms of the scope of application, it gradually cannot satisfy the needs of the new contract law theories and the practice of a growing number of special type of contract in summarized mode, which lead to the unfair situations of case processing. Thirdly, predictable rules, deterministic rules and the rules of evidence are applicable to the cross, which limited the scope of predictable rules. So it cannot play its proper value. The reason is that the law itself is abstract. Besides, the judicial practice is lacking experience. Furthermore, there are too much disputes about the structure of predictable rules in academic circles, which cannot form a unified understanding. Thus it fails to provide feasible guide to legislation and judicial practice.The third part expounds the applicable standards of predictable rules. Through the analysis of the predicted subject, the predicted time, the predicted degree and the predicted judgment standard, this part mainly to discuss the applicable standards of predictable rules. With combing through the legislation and theories at home and abroad, the author thinks that the predicted subject should take on the standard of the breaching party, and the predicted time should adopt the standard of entering into a bond, and the predicted degree should take on the standard of damage types, and the predicted judgment should adopt the standard of distinguished principle.The fourth part elaborates the applicable scope of predictable rules. According to researching the contract itself and some special cases of the parties, this part mainly discuss that the applicable scope expansion and special restrictions of foreseeable rules. Considering the legislative system of contract law in our country and the similarity of reliance interests and expectation interests,the author advises the scope of predictable rules could expand for the compensation of reliance interests on contracting negligence. Considering the state of mind of the parties who are entering into a contract, it is better to exclude the deliberate default from the applicable scope of predictable rules. Meanwhile, in view of the difference of the general deliberate default and efficient default, the author suggests efficient default shall apply for predictable rules as special circumstances. To balance the interests of the parties to the contract, when it comes to the situation of contract risk and income out of proportion,it should be eliminated by predictable rules.The fifth part expounds the path of consummating the predictable rules in our country. Aimed at the problems in the judicial practice in our country, and on the basis of the discussion of the third and fourth part, this part is mainly to reference the judicial practice at home and abroad and put forward two suggestions to improve the application of predictable rules, which is to gain some benefits for legislation and judicial practice of foreseeable rules in our country. In the first place, it is necessary to perfect the predictable rules through the way of legislative interpretation. On the one hand, we should to clear the applicable scope of the rules. On the other hand, we should to improve the applicable standards of the rules. In the second place, it is essential to perfect the foreseeable rules in way of judicial aspect. First of all, we need to clarify the relationship of the foreseeable rules, deterministic rules and the rules of evident. Thus there are certain steps to follow when we apply for predictable rules. In addition, we could issue guiding cases to make the practice standards of predictable rules more clear.