The Status And Application Of Fault Liability In Contract Law

fault liability in practice, such as, the definition and judgment of"fault"and the application of related system in practice. As for the judgment of"fault", because of vague and abstract expression about the choices of liability principle in our Chinese contract law , it has caused lots of inconveniences in the judicial practice. This thesis tries to give some recommendations by refering the international practices: the criterion obout judgment of"fault"should adopt the objective fault standard and the definition of standard should draw on the experience or practices of Germany, Japan and other countries. On the question of the fault liability specifically applicable to other related issues, this thesis analyses from the exemption causes, the burden of proof and damages respectively and then presents views obout the specific application: 1, regardless of majeure or other exemption causes, the ultimate goal is to preclude a party from the fault of breach of contract which consist of the liabilty for breach of contract, thus reducing or excluding the liability of the party; 2, for the contracts which apply the principle of fault liability, in addition to contracts of deposit and other contracts which are judged by an objective standard to define"fault", they all should apply the principle of fault liability which means that the inversion of burden of proof should not be used; 3, although our Chinese contract law applys the"full compensation"principle towards the damages for breach of contract, under the predictable rules and reducing the damage rules, the principle of fault liability imfluences the scope of damages by judging the subjective condition of conducting persons. fault liability in practice, such as, the definition and judgment of"fault"and the application of related system in practice. As for the judgment of"fault", because of vague and abstract expression about the choices of liability principle in our Chinese contract law , it has caused lots of inconveniences in the judicial practice. This thesis tries to give some recommendations by refering the international practices: the criterion obout judgment of"fault"should adopt the objective fault standard and the definition of standard should draw on the experience or practices of Germany, Japan and other countries. On the question of the fault liability specifically applicable to other related issues, this thesis analyses from the exemption causes, the burden of proof and damages respectively and then presents views obout the specific application: 1, regardless of majeure or other exemption causes, the ultimate goal is to preclude a party from the fault of breach of contract which consist of the liabilty for breach of contract, thus reducing or excluding the liability of the party; 2, for the contracts which apply the principle of fault liability, in addition to contracts of deposit and other contracts which are judged by an objective standard to define"fault", they all should apply the principle of fault liability which means that the inversion of burden of proof should not be used; 3, although our Chinese contract law applys the"full compensation"principle towards the damages for breach of contract, under the predictable rules and reducing the damage rules, the principle of fault liability imfluences the scope of damages by judging the subjective condition of conducting persons.