The Scope Of Damages For Liability For Negligence In Contracting

As a matter of fact,the liability for fault in contracting has already sprouted in the judicial practice of Germany long before Yelin's systematic arrangement.In 1861,Yelin elaborated the problem of liability for fault in contracting in the article entitled"fault in contracting:compensation for damage when the contract is invalid or not established".This is also the first time to systematically discuss the system of liability for fault in contracting.Since then,the theory of liability for fault in contracting has been adopted by various countries And is constantly supplemented and improved.In 1999,China promulgated the contract law,which also stipulated the liability for fault in contracting,thus formally established the system of liability for fault in contracting in legislation.Because the system system is not perfect and the theoretical research is not deep enough,there are many problems in the system of contracting fault liability in the judicial practice,especially in the determination of the scope of compensation,such as the interests protected by contracting fault liability,the types of damages for contracting fault liability,the regulations that must be obeyed to determine the scope of compensation,and the factors that affect the scope of compensation,etc Different courts deal with different issues,and the academic community has different views.Therefore,this paper is based on the actual way,combined with the latest theoretical research results,using comprehensive analysis,literature research and other methods,and combined with the requirements of the times to analyze the various problems encountered in the legal structure and practical operation of the scope of damages for fault liability in contracting,clarify the interests protected by fault liability in contracting,and define the side of damages for fault liability in contracting Bound.First of all,from the point of view of problems,this paper summarizes the problems existing in the legislation and judicial practice of the system of liability for fault in contracting in China,as well as the adverse effects of academic debates on the determination of the scope of compensation.Including in legislation,it is difficult to establish a system of liability for contracting fault,the boundary of compensation scope is vague and uncertain,and there are great differences in court treatment.This paper also summarizes the weakness of some liability systems for contracting fault in the application of "new" contract on the Internet in combination with the requirements of the era of the rapid development of the Internet.Secondly,this paper discusses the theory of the system of liability for fault in contracting,analyzes the nature of liability for fault in contracting,compares the advantages and disadvantages of the existing independent theory and non independent theory,and concludes that there is no unreasonable place to regard the system of liability for fault in contracting as an independent liability,and there are advantages such as preventing the continuous expansion of liability for tort and closely linking up the contractual liability Point.In the process of theoretical discussion,this paper summarizes that the interests protected by contract law and tort liability law are mainly trust interests,but also the inherent interests.Finally,through the foreshadowing of the above theory,this paper first clarifies the boundary between the trust interest and the inherent interest protected by the fault liability of contracting.This paper clearly divides the three types of damages for fault liability in contracting and the necessity of Introducing Punitive damages.On the basis of studying the existing compensation rules,it summarizes that when determining the damages for fault liability in contracting,we must abide by the rules of profit and loss offset,fault offset and loss reduction.Combined with the judgments of various courts and contracts of various companies,it summarizes the impact of fault in contracting There are two kinds of factors in the scope of compensation for damages:the influence of the nature of the contract and the influence of the terms of the contract.