Causal Relationship of Scope of Liability for Breach
Liu Ting-hua
Abstract
Liu Ting-hua
Abstract
Economic analysis showed that efficient breach can be achieved only when defendant bears the full cost of breach of contract can.The liability for breach of contract limited by causal relationship can achieve this goal.The causality determined by equivalent necessary conditions is too broad.The legal causation limiting scope of responsibility contains too many policies and obscures the objectivity of causality.Therefore,we should use NESSrules to explore the causal relationship between the breach and the damage facts.
A significance statement is not available in the OpenAlex record.
A contribution statement is not available in the OpenAlex record.
Method details are not available in the OpenAlex metadata.
Findings are not separately available in the OpenAlex metadata.
Limitations are not available in the OpenAlex metadata.
Application details are not available in the OpenAlex metadata.
Economic analysis showed that efficient breach can be achieved only when defendant bears the full cost of breach of contract can.The liability for breach of contract limited by causal relationship can achieve this goal.The causality determined by equivalent necessary conditions is too broad.The legal causation limiting scope of responsibility contains too many policies and obscures the objectivity of causality.Therefore,we should use NESSrules to explore the causal relationship between the breach and the damage facts.
Key concepts: Causation, Causality (physics), Scope (computer science), Liability, Objectivity (philosophy), Breach of contract, Limiting, Law and economics