| It was long perceived in Roman Law that Reasonable Foreseeability as restriction on compensation to breach of contract, especially as an important rule of compensation to acquirable interest. It was brought into practice by French Law, and further established by Angolo-Saxon Law which was influenced by French Law, following by American Law to enhance and develop. Reasonable Foreseeability is explicitly established in modern international treaties and conventions. In China, Contract Law has set the rule of Reasonable Foreseeability in Clause 113 which can be perceived of influence from Angolo-Saxon Law. However, Reasonable Foreseeability receives attention not as much as supposed, yet to be into in-depth and systematic study, let alone rare cases in practice.This paper is tended to explore the theoretical foundation of the rule of Reasonable Foreseeability, and further explore the rule by methods of summarizing history of the rule, by comparing the rule with related rules and their infrastructures, and by how to enhance principal provisions of the rule, in order to provide an in-depth and systemic study. At the end it will articulate reasons of rare practice of Reasonable Foreseeability, and hopefully provide advice on how to clear road blocks in practice.This paper will at first give an overview of theoretical foundation of Reasonable Foreseeability to explore the reasons why the rule is strongly vital. In summarization of Angolo-Saxon Law system and Continental Law system, it is concluded that Reasonable Foreseeability is extended from Autonomy Principle, for it demonstrates the pursuit of justice by law, increases efficiency of contracts, and complies with regulations of countries to vitally established in contract laws globally and in international treaties and conventions.In next chapters an overview is provided on regulations of the rule of Reasonable Foreseeability and its practice in certain contract law, and international treaties and conventions, to shed light on the development path of the rule and differences of its practice in contract law of those countries.On that basis, the paper will analyse the relationship of Reasonable Foreseeability and Liability Fixation, and the relationship of Reasonable Foreseeability and Causal Nexus. The two of the former pair belong to different precedence of law, Liability Fixation being the upper one, and Reasonable being the lower one. Also the two of the former pair are differently propositioned in liability of breach of contracts. Reasonable Foreseeability under the principle of Fault Liability determines presence of faults on one hand, and decompose nexus of cause-effect relationship. Reasonable Foreseeability under the principle of Strict Liability only provides reasonable restrictions on the range of compensation to damages incurred by breach of contracts.Moreover, this paper analyse in detail composition of the rule of Reasonable Foreseeability, from the six aspects of: 1. the subject of foreseeability; 2. the time of occurrence of foreseeability; 3. the content of foreseeability; 4. the extent of foreseeability; 5. the standards of foreseeability; 6. other factors. From the foundations by existing study and papers a independent conclusion will be given by this paper.At the end, some suggestions are made forth on improvement of regulations in China on Reasonable Foreseeability and improvement of practice of the rule. |
