2012•Nanjing Hangkong Hangtian Daxue xuebaoRequires access

Causal Relationship of Scope of Liability for Breach

Liu Ting-hua

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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.

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What this paper is about

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.

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Available 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.

Key concepts: Causation, Causality (physics), Scope (computer science), Liability, Objectivity (philosophy), Breach of contract, Limiting, Law and economics

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