On The Available Interest In Contract Law

The available interest is the type of damage that can be claimed for compensation in the liability for breach of contract.Its function is to fill the damage of the creditor and make the creditor in the proper property state when the contractual obligations are performed smoothly.Academic circles and judicial practice departments have a deeper understanding of available benefits,but there are still some problems,such as unclear concept use,incomplete type in duction,lack of operability of calculation methods and so on.The connotation of available interest and performance interest is the same,and the types of available interest are not limited to production,oper ation,resale and other fields.There are three forms,including value-added interest,substitution tansaction difference and current price difference.The difference hypothesis and its correction are the theoretical starting point of the calculation method,especially the objective damage theory,which provides a theoretical basis for abstract calculation.Abstract calculation and concrete calculation have their best applicable occasions according to different types of available interest.It is generally applicable to calculate the loss of available interest by the current price difference.One of the preconditions for the application of available interests is the existence of breach of contract,and different forms of breach of contract have specific remedies.As for the damage compensation of available interests,whether the available interests belong to the scope of damage compensation under different forms of breach of contract needs specific analysis of specific problems.On the premise of determining the damage of available interests,it is als o necessary to investigate the specific relationship between the calculation standard and the form of breach of contract to determine the scope of compensation.The solution is to start with the type of available interests,distinguish the application of abstract and specific calculation methods,and confirm the calculation time point from the form of breach of contract."Standard time of calculation" solves the core problem in the calculation of the damage of available interests.It is applicable to the calculation of the current price difference of available interests,which is different due to different forms of breach of contract: Generally speaking,under the expected breach of contract,if the creditor accepts the expected breach of contract,it should be the time of early breach of contract,otherwise it should be the time of expiration of the performance period;In the case of delay in performance,the compensation for delay shall be the time of actual performance,and the compensation for filling shall be the time of termination of the contract;In case of non performance,it shall be determined in combination with the specific circumstances of the case,when the creditor knows or should know the non performance.