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Foreseeability rule of damages for breach

Author: LiuWenPing
Tutor: LiuJiaAn
School: China University of Political Science
Course: Civil and Commercial Law
Keywords: Foreseeability rule Damage Indirect damage Causality Quite Causality
CLC: D913
Type: Master's thesis
Year: 2006
Downloads: 302
Quote: 6
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Abstract

This article focuses on the following questions: predictability of rules is how to determine what kind of indirect damage shall compensate by the introduction, body and conclusion? Resolve the scope of damages, the predictability of rules and causality relationship? is organized as follows: In the introduction, the author mainly indicate the main problems discussed in this article. The main body is divided into four parts: the first part, the author as a purely historical combing, focuses on the predictability of rules established in France and France in the process of its development and maturity in British law. Combing through the history, I found two law systems foreseeability rule has provisions, but not exactly the same. In the second part, the author of the basic theory of foreseeability rule made a more detailed elaboration. From the theoretical basis of the predictability of rules, the basic content of that reasonable foreseeability rule in its line with the autonomy of the parties to reduce the transaction risk and fair concept, contains the basic principles of good faith. In the third section, the author focuses on the predictability of the rules applicable to the problem, and pointed out that the prerequisite to the application of the rule is to have the damage. Where to proceed from the definition of damage, that the predictability of rules determine what consequential damages shall compensate the function; Meanwhile, the foreseeability rule does not apply in the case of. This shows that the predictability of rules applicable to limited by other rules. In the fourth section, I discuss the two directly related to the predictability of rules: The first is the predictability of rules and causality, in particular, said it with quite a causal relationship between the different legal systems in the limit range of damages made focus on comparative analysis. Secondly, the two law belonging to the Anglo-American law foreseeability rule on the domain - contract law and tort law, in-depth discussion. I believe that, in different jurisdictions, foreseeability rule has different connotations, but its function is the same, causing the root cause of the differences is that belong contract law and tort law. As discussed above, the author concluded: predictability of rules is one of the important criteria to determine the causal relationship, the defaulting party or unforeseen reasons for the non-occurrence of the damage, without too indirect liable for damages.

Foreseeability rule of damages for breach

Abstract

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