Dissertation > Excellent graduate degree dissertation topics show

Research on the Application of the Foreseeability Rule in Contract Law

Author: QiuZuo
Tutor: MaXinYan
School: Jilin University
Course: Civil and Commercial Law
Keywords: Foreseeability rule Damages Predictability Breach of contract
CLC: D923.6
Type: Master's thesis
Year: 2007
Downloads: 308
Quote: 9
Read: Download Dissertation

Abstract

Damages is the emphasis and difficulty on contract law , foreseeability rules are the rules of the common law and civil law in most countries limit damages range . The meaning of the rule is that the defaulting party just compensation for the damages resulting from the breach can be foreseen . The rules both to protect the autonomy of the parties , but also the efficient allocation of risk , both for legal theory and judicial practice , has a very important significance . Although China adopted in the legislation, the predictability of rules , but it applies in practice the situation is far from satisfactory . Value positioning and theoretical foundation, this paper based on the predictability of rules around the predictability of the rules applicable , in-depth to explore the scope of foreseeability rule applies , the applicable conditions and predictability criteria influencing factors . This paper argues that the foreseeability rule embodies the freedom , efficiency and equity of unity . Predictability judgment process , it is necessary to adhere to certain principles , but also to analyze specific issues , and the same time, the role of the judge discretion can not be ignored .

Research on the Application of the Foreseeability Rule in Contract Law

Abstract

Related Dissertations