Legal Effects Of The Duty Of Care

The duty of care is not related to offer,and it only protect inherent interests.If the law or the parties make clear provisions or agreements on the duty of care,they will not change the nature of it.In addition,the application of the duty of care is compulsory,and the parties can not make an exclusion agreement.The traditional view defines that the types of it are not all the duty of care.The duty of care is actually the result of the expansion of the contractual debt,and its essence is the contractual debt,so if the party breach of it,he will assume liability for breach of contract.This conclusion can be corroborated by extra-territorial legislation,and it also complies with the provisions of the Contract Law.Compared with the duty of offer,remedies of the duty of care require different conditions and different standards.After the debtor breaches the duty of care,if it is necessary for legal protection,and meets the relevant provisions of the Contract Law,creditors can request continued performance.In determining liability for damages.The Contract Law's provisions on the principle of liability for breach of contract should be limited and explained so that it only applies to the duty of offer.For the duty of care,the principle of presumption of fault should be adopted.When the debtor's breach of the duty of care that causes damage to the creditor's inherent interests,the scope of damages is not limited by the rules of predictability.When the creditor's personal rights are infringed,he can claim non-property damages based on Contract Law.Whencertain conditions are met,the creditor can also ask the debtor for damages for performance.With regard to the duty of care,there should be no objection to the application of the simultaneous performance of the right of defense,because it will violate the principle of good faith.Since most scholars believe that,under exceptional conditions,simultaneous performance of the right of defense can be expanded to the duty of offer,then based on the importance of the content of the duty of care to protect,it can also expand to the duty of care.The parties can also agree on the application of the simultaneous performance of the right of defense when someone violates the duty of care.When the debtor violates the duty of care,the creditor can terminate the contract.However,in judging the occurrence of the statutory right of dissolution,it is not appropriate to apply the traditional standard,but to adopt new standard :Compliance with the contract cannot be reasonably expected.It uniformly protects the inherent interests and performance interests of the parties.And it also protects the trust relationship of the parties.It embodies the requirements of the principle of good faith and meets the particularity of the duty of care.We can comprehensively examine various factors to determine whether creditors should continue to abide by the contract,such as the severity of the damage result,or the degree of fault of both parties and so on.