The Research Of Foreseeability Standard In Foreseeability Rule Theory

Foreseeability standard is one part of foreseeability rule theory and it is the most important part in foreseeability rule. In the situation of default established, how to compensate the direct loss and the possible benefits resulting from the breach is really a problem. Foreseeability standard is just the path to solve the problem. Foreseeability standard is usually based on objective criteria or subjective criteria.And it judges for abstract facts or specific facts to determine whether the parties should have foreseen.This article proposes foreseeability standard theoretical model and refines the analysis based on theory of jurisprudence in China. And it draws foreign law practice and legal theory to obtain an applicability and operability theoretical model. At the end of this article, two cases will prove the correctness of the theoretical model. This article consists of five parts.The first part of the article conveys the importance of foreseeability standard in foreseeable rule as one part of it. It also reveals the significance of foreseeability standard in China’s legal practice. Besides, the meaning and its theoretical basis of foreseeability standard are discussed to determining for content and ideas of this article.The second part of the article discusses the practice and development of foreseeability standard in French law, English common law, and American law according to presenting foreign law and the rules established by the classic case. Foreseeability standard applies in these countries are compared and analyzed in the end of this part.The third part of the article researches initial discussion of foreseeability standard in the French jurisprudence and its further development in American jurisprudence from national jurisprudence perspective, together with summarizing the view of our jurisprudence. Besides, it compares and analyzes the difference of these theory in different countries. At the end of this part, the author established a preliminary theoretical model of foreseeability standard which is divided into three levels of different standards, as a foundation of the next part for the specific analysis.The forth part of the article makes more specific for the content in three levels of the theoretical model mentioned in the third part. It lists some factors probably affecting foreseeability standard which belong to different levels, including the main content of the contract on the first level, the parties’identity on the second level, as well as special information disclosure on the third level. In the end, a complete theoretical model is finally put forward.The fifth part of the article proves the applicability of theoretical model using a contract for sales case and an assuming contract case, as the support of the practice of this theoretical model.At the end of the article, the author summarizes theoretical model of foreseeability standard, stresses the purpose of the study and expresses the desire to the further research on the subject.