On The Construction Of Compensation For Mental Damage In Breach Of Contract

Relief for mental damage shall not be solely governed by the Tort Law,and compensation for moral damage caused by breach of contract shall be subject to appropriate breach of contract in accordance with the content and nature of the contract.Compensation for breach of contract moral damage is special,and not any breach of contract will lead to moral damage.Mental damages,while obtaining breach of contract relief,also need to clarify the boundaries of breach of contract damages to avoid abuse.In this regard,the type of contract is an effective measure to clarify the boundary of breach of contract damages.This paper believes that there are four types that can be roughly classified according to the nature of the contract and the purpose: First,the contract for the purpose of enjoyment and pleasure.Second,the contract aimed at eliminating pain or alleviating troubles.Third,the contract with special personality as the subject.Fourth,other contracts with personalities.In addition,the setting of the constituent elements and the application of the predictability rules are also necessary means to reasonably limit the default of compensation for breach of contract.The nature of mental damage will not change due to different reasons of responsibility.Therefore,the difficulty in determining the amount of compensation for breach of contract moral damage can be used to learn from the experience of the Tort Liability Law for the assessment of the amount of compensation for mental damage.In this regard,this paper proposes different classification methods for the classification of contracts and the classification of specific personality rights.In the case of the application,the contract price,the ceiling or the medical expenses can be used as the base and the relevant consideration factors can be set as the weight coefficient to determine the amount of the compensation for breach of contract.