Civil Remedies For Lessee’s Damage Caused By Decoration Pollution Of The Rented House

In recent years,the problem of pollution caused by the decoration of rental houses has been frequent in China,and the air quality of rental houses has been criticized.Through the collection of relevant cases,it is found that there are two relief paths,remedies for breach of contract and tort relief,in the case of damage to the lessee caused by decoration pollution of the rented house.This paper studies the civil remedies for lessee’s damage caused by decoration pollution of the rented house.First of all,relevant cases are sorted out and analyzed to reveal the application status of relevant cases and the problems and dilemmas of the referee.The next part discusses respectively the remedy for breach of contract and tort relief for lessee’s damage caused by decoration pollution of the rented house and the choice of relief path for the lessee in the event of liability concurrence.This paper is divided into three parts,which are summarized as follows:In the first part,firstly,the related cases of tenant damage caused by decoration pollution of the rented house are sorted out,and the sources of case data and the general situation of case results are introduced.It is found that most lessees choose to get relief from the liability for breach of contract,while a few lessees choose to bring tort action.Then it introduces the current situation of judicial judgment,and reveals the problems and dilemmas in judicial judgment,that is,it is difficult to prove the causal relationship between excessive harmful substances and diseases,it is difficult to obtain relief for personal injury in the liability for breach of contract,the nature of tort liability is controversial,and the standards for indoor air pollution are not uniform.In the second part,the paper analyzes the remedy for breach of contract caused by decoration pollution of rental houses.Lessee interest damage can be divided into two specific cases: damage of performance interest only,damage of both performance interest and inherent interest.This section discusses the two cases respectively.For the situation that only causes the damage to the lessee’s performance interests,this paper mainly explores the judgment standard of the damage to the performance interests,remedies for breach of contract and the scope of compensation.In the case that both the performance interests and the inherent interests of the lessee are damaged,since it involves the content of injuring performance,the concept of injuring performance is defined at first,and the position of China’s current law system on injuring performance is discussed.It can be seen from the analysis that injuring performance is an independent form of breach of contract in our country.Next,the paper focuses on the limitation of the scope of compensation under the injuring performance,and whether the compensation for mental damage can get relief in the liability for breach of contract.In the third part,the paper analyzes the tort relief for lessee’s damage caused by decoration pollution of the rented house.In judicial practice,if the lessee’s health is damaged due to the decoration pollution of the rented house,the court disputes over the nature of the tort liability of the lessor to the lessee.Therefore,in this part,the nature of the tort liability is clarified at first,and it is believed that the lessor bears the general tort liability to the lessee rather than the environmental tort liability.Next,the subject of tort liability,fault and the causal relationship between decoration pollution and personal injury are identified.Then,it focuses on the choice of the lessee’s relief path when the liability for tort and the liability for breach of contract exist in concurrence.Through the research of this paper,I hope it can be helpful to the judicial practice.