The Research On Foreseeability Rule In Contract Law

The foreseeability rule is intended to limit the liability of the defaulting party to a foreseeable scope,and break the causal chain between the damage result and the liability.However,many people have the opposite effect of expanding their liabmtY by flexibly interpreting the foreseeability rule.Therefore,it is veiy necessaly to conduct an in-depth study of the foreseeability rule.The foreseeability rule has the institutional value of judging whether the behavior is reasonable and fair distributing risk,and the basic limiting rule for determining the scope of responsibility independently plays a role in judging whether a certain damage can be borne by the defaulting party.When applying the foreseeability rule,the judging criteria which combine subjective and objective colbination can solve the problem of foreseeing judgment more fairly.On this basis,when judging the foreseeing nature of the defaulting party,it should also combine subject factor,business experience,industry practiees,main contents of the contract,contract conclusion place and contract fulfillment place and special information disclosure.And because the common differences between individuals does not have a material impact on the defaulting party,it should not be included in the foresight judgment.In addition,the type analysis of special damages is helpfiul to solve some damage compensation problems that have certain commonalities.For the construction of the predictability rules system,China needs to add restrictions on the application of the foreseeability rule to deal with the exceptions that apply the foreseeability rule will lead to an imbalance between the contract consideration and the compensation amount,but China can not blindly imitate the terms of the book that excludes the establishment of the foreseeability rule as foreign countries.The main body of paper is divided into six parts:The first part is the theoretical basis of the foreseeability rule;the second part is the analysis of the foreseeability rule and the calsation rule;the third part is the debate on the judging criteria for the foreseeability rule;the fouith part is the surrounding situations in the foreseeing judgment;the fifth pait is the typed analysis of the foreseeability rule;the sixth part is the exception to which the foreseeability mle applies.