Study on the possibility of compensation for moral damages for breach of contract

School of Law and Economics, Zhongnan University of Economics and Law, Nanhu Avenue, Hongshan District, Wuhan, Hubei, China

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^b ky.yan77@outlook.com

Abstract

The purpose of this article is to explore the possibility of establishing a system of moral damages for breach of contract through the study of tourism contracts, so as to protect the interests of contractual counterparties who suffer non-pecuniary losses as a result of non-serious damages. The current state of affairs is that, in general, for breach of contract, current scholarship and general doctrine is strongly opposed to the inclusion of moral damages in the system of damages for breach of contract, and instead insists on a dualistic system of remedies for breach of contract and tort. The shortcomings of this approach are that tort damages and breach of contract damages have different principles of proof and imputation, and the standard of damages cannot be claimed without reaching a certain standard, making it impossible for the interests of the right holder to be adequately remedied. This article will examine the case law and comparative approach to the possibility of moral damages for pure contractual breaches that have not yet resulted in serious damage, and thus to develop a vision for the establishment of such a system. The establishment of such a system will provide a higher degree of protection for the interests of the contractual counterparty and thus achieve a full remedy of rights.