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Breach Legal Issues

Author: JinLi
Tutor: WangQuanDi
School: Fudan University
Course: Legal
Keywords: Liability for breach of contract Economic Analysis
CLC: D923.6
Type: Master's thesis
Year: 2009
Downloads: 543
Quote: 1
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Abstract


In the contemporary commodity economy society, as one of the main form of property circulate, contract brings into the more and more important play. As an arrange of institution, contract it self is a distribute of benefit and hazard, and impacts directly on both sides of contract, and further impacts on the efficiency of dispose of social resources and the increase of wealth of society. F this reason, with regard to steadying the market sequence, ensuring the circulate of property safely and sequence, promoting the exchanges of commodities, and increasing the wealth of society, it makes a very important means, because it safeguards authority of contract establishing institution of breaking a contract. This essay studies on breaking a contract basing on tradition law research of levels of microcosmic economy, and expects a new know.The chief frame of this essay is: the first section discusses the theory base of occurring of breach of contract being theory of no completely contract. The second section chiefly analyses breach on level of economics, and discuss its economical essence. The third section analyses the different principle of responsibility, examines uneven of the inspire efficiency and the impacts on the act of party. The forth sections studies extend relief to breach of contract, and discuss the efficiency of two method of extend relief to of different circumstances. The fifth section combining value of law discuss the function of analyzing law with economical way and the being limit, and sums up the whole essay briefly.By means of these studies, the author considers the contract’s no completely makes the rational of being, at the same time the breath of contract of the certain term may occur more effective dispose of resources. It can expand the surplus, and increase the total wealth of society. Liability for breach of contract, its substance is be to breach of contract, and makes the second outside cost. The effective principle has to encourage the coming party to make the effective prevent. Effective damages should make party inside the cost. The aggrieved party enjoys the share of the surplus of the primary contract. This makes two parties invest on the effective level. One good public should be an effective public, though economic analysis can’t think over no economic factor, along with pluralism of public value, efficiency will take a very important place, as freedom fire and just.

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