The Remedy And Restriction Of The Compensation For Spiritual Damage In Breach Of Contract

The article concludes the damage resulted form breach of contract should be given remedy within the scope of contract. At the same time, the remedial response should be limited. The main course of the article is the remedy and restriction. In order to account for the issues, the investigation is expounded in various angles. Besides preface and concluding remarks, the article includes five parts in content and structure.Beginning with a typical case, the dissertation is developed by a series of questions.Chapter one, different countries and area' s legislation, judicial precedent and theories. The basic tendency is form prohibition to recognition.Chapter two, commentary of different standpoints. The author rebuts the opposite grounds one by one. The opposite opinion holds the spiritual damage is not recoverable in contract. The grounds lie in not only the general barriers in both torts and breach, but also special barriers in contract case. Beyond simple retorts, the article goes deep into the substance of opposite grounds.Chapter three, the theoretical and actual basis. The foundation lies in level of fact, value, theories and technique. After making comparison between different resolutions, the author induces to a presumption. The optimized option is the compensation for spiritual damage in breach of contract under restriction.Chapter four, the restriction of the compensation for spiritual damage in breach of contract. Viewing risk distribution and benefit balance, it is essential to limit the scope of compensation. There are the general restrictions in both torts and breach and special restrictions in itself. The most important legislation interventions are the foreseeability and typicality.Chapter five, judicature and legislative suggestions. Concerning application of law, the article deals with the issue, as the case in preface for example, form the methodology of benefits measures. According to analyzing the current law, the author argues the judgment grounds. Furthermore, the author points out the interactive development of judicature and legislation. The suggestions of legislation designs as follows: drawing...