Determining The Profitand Loss Of Breach Of Contract

Available benefits have long been an academic hotspot.Searching on CNKI uses "available benefits","predictability rules" and "deterministic rules" as keywords.You can see that every year there are 20 to 30 journal articles that conduct detailed research on this topic.On the one hand,it is because it can maintain social justice.The loss of available benefits more meticulously compensates for the losses of the non-defaulting party for breach of contract,penalizes the breaching party,promotes the parties to perform their responsibilities more actively,increases the probability of the contract being performed,and promotes the harmonious and stable operation of the society.On the other hand,it is more difficult to compensate available benefits.It is inherently uncertain and hypothetical.In addition,the available benefits are affected by fluctuations in external factors(such as market prices,business conditions,management level,etc.),and the specific circumstances of each case are often different.As a result,it is difficult to calculate the available benefit compensation.There may even be similar cases,different appraisal institutions,and different courts giving different appraisal opinions and appraisal results.There are still some shortcomings in the process of determining the benefits available from breach of contract.For example,the foreseen content includes the type and scope of the loss,the foreseeable time is when the contract is concluded,the lack of certainty rule legislation,the use of a high probability standard for the amount of proof,and the calculation of the amount of compensation is vague.In this regard,the students referred to the viewpoints of various countries on the rules for determining the loss of available benefits,combined with relevant typical cases,and put forward suggestions on the above issues.In order to further improve the foreseeability rules in the benefit and loss of breach of contract,it is possible to distinguish between "normal circumstances" and "special circumstances",further increase the information disclosure of the parties,and change the foreseeable time from the time of contract to the time of breach of contract.The foreseeable content is stipulated as Type,rather than degree and amount,exclude the predictability rule in the case of intentional or gross negligence of the party breaking the contract.For the improvement of certainty rules,we can adopt reasonable certainty standards,distinguish the certainty of the existence and amount of the available benefit damage,relax the judge’s free judgment,adopt expert opinions,and so on.In addition,we should also improve the rules for calculating the amount.We can adopt methods of typifying the calculation standards and introducing a reserve price arbitration system.