2010•Journal of Shandong Administration Institute Shandong Economic Management Personnel InstituteRequires access
Breach of Contract and Compensation for Mental Distress
LI Kun-xuan
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Abstract
Traditionally,it is thought that compensation for mental distress is not recoverable in liability for breach of contract.This paper attempts to challenge the reasonability of this opinion and holds that liability for breach of contract excluded mental compensation doesn't favor protection of man's mental interest and that liability concurrence theory can't fully safeguard man's mental interest.The author investigates the legislation and judicial practice in our country,and considers that although the definite provisions on the compensation for mental distress still don't exist in our legislation,the prohibitive conclusions can't be drawn.We should incorporate mental compensation into liability for breach of contract as early as possible,which is in line with the trend of international law's development.