SHS Web Conf.
Volume 179, 20232023 6th International Conference on Humanities Education and Social Sciences (ICHESS 2023)
|Number of page(s)
|Community Management and Public Affairs Service
|14 December 2023
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
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.
© The Authors, published by EDP Sciences, 2023
This is an Open Access article distributed under the terms of the Creative Commons Attribution License 4.0, which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.
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