Research On The Calculation And Proof Standard Of Expectation Interest For Breach Of Contract

Expectation interest refers to the value-added benefits of the property that can be expected but not actually obtained,depending on the usual development of the contract or on special circumstances,especially in accordance with the measures or means that have been taken.In addition to the legal termination of the contract caused by force majeure,in principle,the expectation interest should be compensated.If the conditions for the dissolution of the contract and the dismissal of the contract are breaches,the expectation interest shall be compensated after the contract is terminated.When proper performance constitutes sufficient conditions,necessary conditions,or part of the minimum sufficient requirements of the INUS of the expectation interest,the causal relationship is established.Impairment obligations should be considered when proper performance constitutes a non-essential condition.Reasonable certainty rules mean that if the contract is properly performed,the expectation interest has a high probability of occurrence.We should evaluate all events related to the expectation interests,and classify relevant events into positive and negative conditions.The so-called positive condition means helping to obtain the expectation interest while the negative conditions hinder the acquisition of the expectation interest.We can conclude the probability of expectation interest from evaluating positive and negative impacts of all relevant events.Reasonable certainty standard essentially determines and speculates the probability of the occurrence of future events.The greater the probability of occurrence,the more likely it is that the expectation interest is recognized.Reasonable certainty standard is both the constituent element and the proof standard for the existence of the expectation damages.The predictability rule refers to putting a general rational person in the non-intentional or gross negligence of a defaulting party's place,based on the general situation(presumption of knowledge)and the specific situation(actual knowledge)at the time when the the contract is concluded and determining whether he can foresee the breach of contract will lead to a great possibility of the occurance of expectation interest.The calculation methods of expectation interest is divided into agreement method,categorization,and discretion method.The agreement method includes the stipulation of exemption clauses and the summary of damages.The categorization method includes the contract clausestandard,the operating profit standard,the new business rule,the abstract and specific calculation standard of the resale contract,and disgorgement interest from the breach of contract.When judges exercise his discretion,they should attach some importance to the role of expert evidence.