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2006•Journal of Hebei University of Economics and TradeRequires access

Damages for Non-pecuniary Losses in Breach of Contract

Chen Shi-gu

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Abstract

This paper holds that non-pecuniary losses both in torts and breach of contract shall be remedied.But the non-pecuniary losses in breach of contract is not adequately protected by tort law alone.In fact,the non-pecuniary losses due to breach of contract is the breach of the protection duty of the contract's supplementary obligations.Therefore,contract law is superior to law of tort in determining the compensation for such breach.

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What this paper is about

This paper holds that non-pecuniary losses both in torts and breach of contract shall be remedied.But the non-pecuniary losses in breach of contract is not adequately protected by tort law alone.In fact,the non-pecuniary losses due to breach of contract is the breach of the protection duty of the contract's supplementary obligations.Therefore,contract law is superior to law of tort in determining the compensation for such breach.

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Available abstract

This paper holds that non-pecuniary losses both in torts and breach of contract shall be remedied.But the non-pecuniary losses in breach of contract is not adequately protected by tort law alone.In fact,the non-pecuniary losses due to breach of contract is the breach of the protection duty of the contract's supplementary obligations.Therefore,contract law is superior to law of tort in determining the compensation for such breach.

Key concepts: Breach of contract, Damages, Tort, Delict, Compensation (psychology), Law, Exclusion clause, Business

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