On The Scope Of Compensation For Damages In Breach

The article discusses the violation of compensation for damages,divided into four chapters;each chapter is organized as follows:The first is the introduction part,by a brief discussion to determine the importance and significance of the breach of contract damages range,thus introducing the topic of discussion in this article.The first chapter is an overview of the scope of liquidated damages,relatively simple and clear exposition of the concept and meaning of the liquidated damages range,and the level of comparative law as the civil law on behalf of the State of France and Germany,two countries and the common law on behalf of the State the United Kingdom,the United States,the different legislative and judicial practice,in this chapter at the end of the two compare,mainly reflected the attitude of these countries predictability.The second chapter to determine the scope of compensation,breach of contract damage-damage,i.e.damage caused by acts of breach of contract in the body of the contract.Such damage,complex and diverse in the actual social and economic life,the relief of the injured party,the first question is to determine the damage.This part is mainly concerned to determine damages in breach,by its characteristics-uncertainty,the damage caused by breach victims and the discussion of other factors to determine damages in breach.Classification,and then finalized for breach of contract damages can be divided into direct damage and indirect damage,damage to property and non property damage,to fulfill the interests of the damage and for Damages.The third chapter is more comprehensive discussion of the principle of full compensation,and restrictions from different angles on the principle of full compensation rules and their application.The principle of full compensation of victims of adequate relief,actual loss of all compensation,benefits also need compensation for other losses,needed for compensation.However,this approach can not say perfect,its inadequacies is to make the state has lost the balance may favor the other,that is overkill is suspected,the balance of the main contract between the interests of the state,their interests too imbalances,but also Contract justice,to maintain trading order,need to be restricted.Through the introduction of the predictability of rules,in addition,they discussed between the parties are free to agree to liquidated damages range limit,the contract between the main contributory negligence rule,the gains offset the losses of the rules and reduce the loss of rule by these constraints,the principle of full compensation reasonable limits,to work in most cases,and finally to the appropriate damages and compensation.The case of a few exceptions,you can case the referee.Chapter IV comprehensive analysis of a few specific cases of damages,which is the core of the article and the key to the theory and practice of this very seriously and the interests of the parties is vital related.Therefore,it should be full compensation for losses caused by the breach,including but not limited to direct loss,indirect losses and non-property losses.Look forward to the interests,interests and trust interests of the damage compensation issues specifically addressed,the first discourse on the basis of the text overall,with examples to further analyze the breach caused the damages.Turning finally to the question of compensation for moral damage caused due to breach of contract breach of contract people.Mainstream opinion is much more expensive than a negative attitude;I take the times perspective,advocating a limited breach of the spirit born of damages that can be counted as a highlight of this article.Finally,a summary of the full text of that breach of contract damages in the range between the scope of the standard damages for breach born damage and the laws and regulations and other normative documents and even the parties have agreed on the scope of the prospective damages between an irregular damages range.