Research on the Scope of Damages for Contracting Negligence Liability

DOI: https://doi.org/10.62517/jel.202414234

Author(s)

Yenan Yang

Affiliation(s)

Law School, China Jiliang University, Hangzhou, Zhejiang, China

Abstract

This paper first expounds the current situation of the scope of damages for contracting negligence liability and explains the necessity of determining the scope of damages for contracting negligence liability from the perspective of unclear legal provisions, inconsistent court judgment and diversification of theories. The scope of compensation for damages in three types of disputes, whether trust interests should compensate for indirect interests, and whether the scope of compensation is limited to performance interests, are discussed one by one. The conclusion is that inherent interests should not be included in the scope of compensation for damages, indirect interests should be compensated, and the scope of compensation for contractual negligence should not be limited to performance interests.

Keywords

Contracting Negligence; Scope of Damages; Trust Interest; Performance Benefit

References

[1]Wang Liming, Fang Shaokun, Wang Yi. Contract Law (Fourth edition). China Renmin University Press, 2013. [2]Cui jianyuan. Liability for negligence in contracting parties. Journal of Social Sciences of Jilin University, 1992 (03): 23-28. [3]Huang Maorong. The General Theory of debt Law. China University of Political Science and Law Press, 2003. [4]Hu Xianfei. Study on several legal issues of liability for contracting negligence. Guangxi Social Science, 2009 (9). Hao Jing. On the scope of damages and its limitation. Hubei Social Science, 2010 (6). [5]Wang Liming. Contract Law Research (Volume 1). China Renmin University Press, 2015. [6]Wang Zejian. Principles of the debt method. Peking University Press, 2013. [7]Cui jianyuan. Contract jurisprudence. Law Publishing House, 2014. [8] Wang Liming. Contract Law Research (Volume 1). China Renmin University Press, 2015. [9]Wang Zejian. Contracting negligence. Civil law theory and case study · 1. China University of Political Science and Law Press, 1998. [10]Wang Hongliang. Research on contracting negligence system. China University of Political Science and Law, 2001. [11]Ye Jinqiang. On Liability for Inter of Consultation. Law, 2010, No. 340 (03):99-104. [12]Cui jianyuan. Contract jurisprudence. Law Publishing House, 2014. [13]Cui jianyuan. contract law. Peking University Press, 2012. [14]Wang Liming. A difficult Case study of civil law. China Legal Publishing House, 2013. [15]Wen-sheng Wang. On the division of labor and cooperation of contract law and tort law in the inherent interest protection. Chinese Law, 2015, No. 186(04):206-225. [16]Wang Liming. Contract Law Research (Volume 1). China Renmin University Press, 2015. [17]Wang Zejian. Civil law theory and case study1. China University of Political Science and Law Press, 1998. [18]Larenz. General Theory of German Civil Law (II) by Wang Xiaoye et al. Law Publishing House, 2013. [19]Wan Zongzan, Wang Yushu. New theory on the scope of contracting negligence compensation: An interpretation of legal economics. Shopping mall modernization, 2005 (30): 276-277. [20]Shu-bo liu. Damages for trust interest in the contracting phase. Social Science Front, 2006 (06): 309-310. [21]Hu Chen. Empirical study of the scope of damages in contracting negligence liability. Guizhou University, 2021. [22]Wang Liming. Contract Law Research (Volume 1). China Renmin University Press, 2015. [23]Shu-bo Liu. Damages for trust interest in the contracting phase. Social Science Front, 2006 (06): 309-310.