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On the Rule of Predictability

Author: HouZan
Tutor: WuChunYan
School: Southwest University of Political Science
Course: Legal
Keywords: The rule of predictability Compensation of damage Liability for breach of contract
CLC: D923.6
Type: Master's thesis
Year: 2010
Downloads: 87
Quote: 0
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Abstract


The rules of predictability in contract law is the system that restrict the scope of damage , in other words,the people who breach the contract compensate for the damage that be foreseen .The rule has an important significance whether in theory or practice .It is from France, also adoped by United Kingdom case law ,now it plays an important part in most national legislation.The use of the rule is depended on the judge’s discretion in a large extent.The China’s "Contract Law" also made a provision of the rule,but there is no operating standards both in the theory and practice , so the rules play a limited role in the judicial practice in China.The article seeks to analyse the rule’s development ,look forward to build the rule of the theoretical framework ,which will improve the operability of the rule in judicial practice. The main thesis is divided into four parts, first,the foreseeability rules’s history,including the legislation’s establishment and development process all over the world.the second part is about the rules’value from the equity, efficiency and freedom point. the third part discusses the fundamental theoretic isssues from the subjects ,time,standards and contents of this principle, while the fourth part does some preliminary exploration on the use of judicial practice problems.

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CLC: > Political, legal > Legal > Chinese law > China and France > Contract Law
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