On Liability For Negligence In Contracting

Contracting fault liability system is an independent system in China’s civil legal system.Based on the principle of good faith,contracting fault liability refers to the fact that during the process of concluding a contract,the parties violated the pre-contractual obligations according to the principle of good faith,which caused the contract not being established,or though the contract was established,but it did not meet the legal conditions to be confirmed Civil liability for invalidity or revocation,causing loss to the other party.The civil liability is based on trust interests and monetary compensation is the norm.China’s contracting negligence liability system exists in the Contract Law of the People’s Republic of China(hereinafter referred to as the "Contract Law"),which mainly provides for several situations where contracting negligence liability should be limited.In addition,most of them use the principle of "violating the principle of good faith" as the standard to determine the liability for negligence of the contract.The type of liability is too single.Although the academic circles have carried out many discussions on this,they have not formed a general theory and mostly stay at the theoretical level.The discussion of the type of liability must be based on academic theory,supported by jurisprudence,and classified by the validity of the contract in order to sort it out.The Contract Law lacks specific provisions on the scope of damages,including issues such as application occasions and scope limitations.It is difficult to generalize by case alone.This leads to inconsistent judge positions in judicial practice and confusion when applied.Empirical research shows that most judicial cases consider that the application of liability for negligent damages in a contract must be a contract that is not established,invalid or revoked.However,the determination of the liability for negligence in the contract is not necessarily related to the form of the contract.The establishment of the liability for negligence of a contract under the condition of a valid contract cannot be universally denied.Under the premise of the effective establishment of the contract,the liability for negligence of a contract also has certain application space,but its damage must originate from the contracting stage.The object of compensation for contracting negligence liability is based on the interest of reliance,and should also include the inherent interest.As the object of common protection of contract law and tort liability law,it is mainly reflected in the protection obligation.The scope of reliance interest compensation includes direct loss and indirect loss.Indirect loss is also one of the inherent connotations of reliance interest.Compensation for such losses cannot be denied due to issues such as proof and the efficiency of the trial.On the limit of trust interest compensation,the trust interest is essentially not related to the performance of interest,they are independent of each other.However,starting from the rule system and judicial practice,certain standards should be set to coordinate the field of contract law co-ordination and improve the efficiency of judges in calculating specific compensation amounts.Courts have clearly stated in their jurisprudence that the loss of trust benefits in the case of invalid contract It includes the losses and benefits lost,and must not exceed the performance benefits.Therefore,the scope of compensation for the loss of trust interest should be based on the principle of not exceeding performance benefits,with the exception of complete compensation.