美国合同法违约救济之期待利益及其限制.docVIP

美国合同法违约救济之期待利益及其限制 众所周知，美国合同法以保护合同当事方的期待利 益为其首要目的；期待利益的计算，则采用“履行所需成本 法”和“价值减损法”。同时合同纠纷的法律实践中，也逐 步发展出了限制期待利益范围的数项原则，即可预见性原 则、确定性原则和可避免之损失原则。本文通过对期待利益 具体阐述及案例分析，瞥得美国合同法期待利益及其救济限 制之一隅，揭示了美国合同法下的期待利益，仅仅为补偿性 赔偿金而不带有任何惩罚性；而对期待利益的限制原则，则 是为了确保了期待利益作为补偿性赔偿金的纯粹性。同时希 冀对研究我国合同法“可得利益”保护的学者，本文能提供 参考价值。 关键词：合同纠纷救济期待利益 ▲ ▲一、Introduction While contracts are the very foundation of all civilized existence, breach of contract virtually haunts every corner of the world throughout human history despite the fact that any violation of a contract may deprive certain parties in a broken deal of the profits expected. That is where the remedies for breach came in， which is intended to protect the damaged parties and their expectation interest by requesting the performance of contract, claiming for monetary damages and so on. This paper is to present a sketch of what is expectation interest under the American contract law and its limitations ， thus furnishing some reference which might come in handy where Chinese scholars want to study the US contract law in detail. ▲ ▲二、Expectation Interest （一） Definition Expectation interest refers to the extra interest which a non-fault party to a breached contract would have received had the contract been performed. （二） The Measurement of Expectation Interest General Principles It is note-worthy that if the default event occurs before the victim of contact violation tries to fulfill the contractual obligation on his part, the cost of the unnecessary execution of the contract on the non-fault part should be subtracted from the liquidated damages, which conforms to the principle of circumventing further or avoidable loss. The specific ways of calculating expectation interest are expatiated on as follows. Cost of Completion When any project or contract is not completed on time, the further amount required to finish the task is called cost of completion. A case in point is about an engineering construction contract. A building contractor and the proprietor si