Route Choice of Spiritual Damage Compensation for Breach of Travel Contract
Wang Xu-pen
Abstract
Wang Xu-pen
Abstract
In China,spiritual damage compensation for breach of travel contract is faced with being negated by authoritative doctrine,opposed by judicial interpretation and limited to the traditional shackles of tort liability.Under the background that so far spiritual damage compensation for breach of contract has not been explicitly recognized by legislation,expanding interpretation of the existing laws,issuing guidance cases by the Supreme Court,introducing punitive damages to theTravel law,revising laws are the alternative ways out for spiritual damage compensation of travel contract.It is pointed out in this paper that revising laws,building the general terms of spiritual damage compensation liability for breach of contract and listing the serious facts for breach of travel contract is an ideal system mode.
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In China,spiritual damage compensation for breach of travel contract is faced with being negated by authoritative doctrine,opposed by judicial interpretation and limited to the traditional shackles of tort liability.Under the background that so far spiritual damage compensation for breach of contract has not been explicitly recognized by legislation,expanding interpretation of the existing laws,issuing guidance cases by the Supreme Court,introducing punitive damages to theTravel law,revising laws are the alternative ways out for spiritual damage compensation of travel contract.It is pointed out in this paper that revising laws,building the general terms of spiritual damage compensation liability for breach of contract and listing the serious facts for breach of travel contract is an ideal system mode.
Key concepts: Punitive damages, Breach of contract, Law, Delict, Tort, Strict liability, Compensation (psychology), Supreme court