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Research on the Foreseeability Rule of the Default Damages

Author: PengSiZuo
Tutor: ZhangChi
School: East China University of Political Science
Course: Civil and Commercial Law
Keywords: Breach of contract Damages the Foreseeability Rule
CLC: D923.6
Type: Master's thesis
Year: 2011
Downloads: 110
Quote: 2
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Abstract


The Foreseeability Rule is also called Reasonably Predictable Rule, which is an important way to limit the scope of damages for breach of contract, and is adopted in most national and international legislation.But the theory foundation and specific rules are different in countries, based on the comparison of which,the thesis analyses the problems and reasons of the Foreseeability Rule in our country, and throws out suggestions on its perfection from foreign advanced legislative and judicial experience. The thesis is divided into three chapters,and the structure is as follows:The first chapter introduces the formation and theoretical basis of the Foreseeability Rule. Firstly it combs the development trajectory of the rule, showing that the Foreseeability Rule originated in Roman Law,was established in French Law,and exerted great influence in Anglo-American law system. Then it analyzes the theoretical basis, including the theory of autonomy and policy in French Law, efficiency and justice in Anglo-American Law. It also reviews the Chinese scholars and indicates that the relevant opinions are still not out of autonomy and justice.The second chapter compares the basic components of the Foreseeability Rule.It lists provisions in France, Britain, the United States and the international convention, and compares the elements of the rule including the subject, the time, the standard, the content,the standard and the exception respectively, based on which, it is pointed out that under the guidance of different theoretical basis, the characteristics of the rule are different.Chapter three is the thinking about the Foreseeability Rule in our country.It analyses the legislative and judicial status quo of the rule in our country, points out its deficiency and causes, and referencing advanced experience of other countries,puts forward the legislative and judicial improvement suggestions of the rule.In legislation, it shall be supplemented with the elements and exception, in order to make clear the principles and exception.In judicial system, the cases shall be established to standardise the thoughts of the judges.

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