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On the Calculation of Damages for Breach of Contract

Author: ZhangWenFang
Tutor: SunXueZhi
School: Jilin University
Course: Civil and Commercial Law
Keywords: The calculation of damages for breach of contract Reliance interest To fulfill the interests of Restrictive rules
CLC: D923.6
Type: Master's thesis
Year: 2010
Downloads: 198
Quote: 0
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Abstract


The default damages include reliance interests and to fulfill the interests of ( looking forward to the interests of Anglo-American law is called ) , the reliance interest damages suffered damage and lost profits, fulfillment interests . The constituent elements of damages for breach of the fact of the damage , the causal relationship between the breach and the breach and the damage . The default method of calculating damages specific calculation methods and abstract calculation , based on the principle of full compensation for , as the basic principle of the calculation of damages should be based on the specific method of calculation . Price , time and place of default parameters for calculating damages should apply different standards depending on the breach . The calculation of damages for breach of the basic formula is to avoid loss of value and other losses minus expenses minus loss avoided , but the price difference between the law is a commonly used method of calculating damages . To the contract , for example , for specific breach may be made to the general formula for the calculation of damages . In general , the injured party can request to look forward to the interests of the compensation , still looking forward to the interests of the compensation may request the parties to the default of the counterparty to terminate the contract . In some special cases , the parties may request compensation reliance interest , and may appear reliance interest and expectation interests cross , overlap.

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