An Empirical Study On The Scope Of Damages In Contractual Negligence Liability

As an important civil legal system,liability for negligence in concluding a contract is mainly reflected in my country's "Contract Law".The "Contract Law" stipulates the specific circumstances under which liability for negligence in contracting should be assumed and compensation for damages after it constitutes liability for negligence in contracting.Responsibility for this consequence.However,the specific issues in compensation for damages have not been clearly stipulated,such as whether the scope of compensation for damages in the liability for negligence in the contract should include inherent interests,whether the compensation for reliance interests in the liability for negligence in the contract includes indirect losses and the reliance interests in the liability for negligence in the contract.Whether compensation for damages should be limited to performance of benefits,etc.Because of the lack of specific legal provisions and the different views on these issues in the academic world,the courts often avoid discussing these issues in judicial practice and fail to conduct sufficient arguments.In addition,the phenomenon of "different judgments in the same case" has appeared between different courts when dealing with some issues.This article will take the method of empirical research to conduct a statistical analysis of 142 samples,summarize the methods and results of the court in the current judicial practice in dealing with the scope of damages in the liability for negligence in contracting,and on this basis,it will damage the damages in the liability for negligence in contracting.The discussion on the related issues of the scope of compensation aims to clarify the scope of compensation for damages caused by negligence in contracting,so as to help the judicial work to be carried out better.This article is divided into four parts:The first part mainly introduces the overall situation of the 142 sample cases selected by the empirical analysis,including the selection method of the cases,the overall distribution of the cases,the types of contracts involved,etc.,and sorts out and analyzes the two types of liability that the court has determined in practice for negligence in contracting.This kind of argumentation train of thought,and from this found three major controversial issues in judicial practice in the scope of compensation for negligence in concluding a contract.The second part first analyzes from the perspective of the legislative intent of the negligence liability system for contracting negligence liability damage compensation should not contain inherent interests,and then discusses from my country's current civil legal system.Not only does the principle of imputation in negligence liability in contracting The same applies when relieving inherent interests,and the relief of inherent interests by contract law is not stronger than that of tort law.The third part elaborates that the compensation for the reliance interest in the liability for negligence in contracting should include indirect losses,and by analyzing the quantitative methods of indirect losses in the two typical contracts of the house purchase contract and labor contract selected from sample cases,it is concluded that the negligence of contracting The determination of indirect losses in liability damage compensation should be based on the expected benefits obtained by one party when the contract is established or the price difference formed by the substitution transaction.In the fourth part,the author believes that the scope of compensation for reliance interests should not be limited to performance interests as a uniformly applicable standard,but should be defined by comprehensive consideration of normative purposes,damage types and liability.