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The Calculation of Attainable Interest in Breach of Contract

Author: GaoWanXing
Tutor: FanWeiHong
School: Southwest University of Political Science
Course: Legal
Keywords: The possible benefits Foreseeable rules Calculation Calculate the standard
CLC: D923.6
Type: Master's thesis
Year: 2011
Downloads: 115
Quote: 0
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Abstract


Breach interests damages damages in breach an important part of the compensation system , China's \However, the scope and calculation of default can have a loss of interest provisions are overly principle , lack of operability in judicial practice . This article is only for the default profit loss attempts for Analysis , in order to benefit in practical operation . The first part, mainly from the common law system , the civil law of different criteria for the classification expect and trust interests , combined with China's legislation to clarify the three conceptual distinction breach of the provisions of the possible benefits . Described Breach characteristics of interest and the necessity to calculate the loss of benefits . The second part , mainly elaborated the default profit loss range confirm the need to consider the practical operation of default benefits manifestations . Confirm the possible benefits of the range is calculated premise that profit loss , need the help of the accounting method to calculate the possible benefits in practical operation . The third part discusses the five principles of profit loss compensation . Logically can interests range of damages is bound to have a system of principles to limit , before being objective and fair protection of the legitimate rights of the parties to the contract is clear . The fourth part discusses the calculation of the profit loss and the calculation of the standard , default available calculation and calculation of the loss of interest standards directly related to the specific amount of the non - defaulting party to obtain compensation for breach of contract damages benefits the core . Breach loss of interest calculated according to the specific circumstances of the contract divided into the the subjective calculation and objective calculation ; convention method , the difference method, inverse method , Analogy and estimation method . Breach of the loss of interest calculated standard according to the specific circumstances of the contract mainly consider the time factor , location factors and price factors . The fifth part discusses breach profit loss is recognized in the period and the burden of proof shared by commissioned forensic adoption expert testimony will also reduce the burden of proof of the possible benefits of damages for breach of contract .

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