THE NESESSITY OF FORESEE ABILITY OF DAMAGES RESULTING FROM BREACH OF CONTRACT

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VAHIDI GH.H.

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Journal: Legal Research Year:2009 | Volume:- | Issue:SUPPLEMENT 1 Page(s): 357-393

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Information Journal Paper

Title

THE NESESSITY OF FORESEE ABILITY OF DAMAGES RESULTING FROM BREACH OF CONTRACT

Author(s)

VAHIDI GH.H. | Issue Writer Certificate

Keywords

CONTRACTUAL RESPONSIBILITYQ2

BREACH OF CONTRACTQ2

FORESEEINGQ2

DAMAGESQ2

Abstract

The intention of contracting parties of each contract is to perform the obligations arising from it. Thus, it is obvious that had some DAMAGES being caused are due to delay or not performing the contractual obligations, the responsibility falls on the default party. The question is concerning the extent of the responsibility: whether or not this responsibility includes all the DAMAGES, including either those which their emergence had been foreseen as a result of breach or those which had not been, and in either case why and how. In none of our country's law text, there is no word on FORESEEING DAMAGES as a principle in realizing contractual obligations or as one the requirements for legal action to demand DAMAGES. Despite this, logical analysis of qualification of DAMAGES, forbiddance of possession to other's properties, necessity of partial knowledge in the extent of legal effects resulting from BREACH OF CONTRACT and reliance of conclusion and to be obliged to the content of the contract on the parties will, justifies its existence.This article tries to show that in our law, the default party is only due to compensate foreseeable DAMAGES arising from BREACH OF CONTRACT. So, with a look on foreign law, it has been tried to extract the legal fundamentals of this requirement and state its features.

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References

RÉPARATION DES DOMMAGES CONTRACTUELS SELON LA CONVENTION DE LA VENTE INTERNATIONALE DE MARCHANDISES (1980, VIENNE) ÉTUDE DE DROIT COMPARÉ

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APA: Copy

VAHIDI, GH.H.. (2009). THE NESESSITY OF FORESEE ABILITY OF DAMAGES RESULTING FROM BREACH OF CONTRACT. REVUE DE RECHERCHE JURIDIQUE, -(SUPPLEMENT 1), 357-393. SID. https://sid.ir/paper/91873/en

Vancouver: Copy

VAHIDI GH.H.. THE NESESSITY OF FORESEE ABILITY OF DAMAGES RESULTING FROM BREACH OF CONTRACT. REVUE DE RECHERCHE JURIDIQUE[Internet]. 2009;-(SUPPLEMENT 1):357-393. Available from: https://sid.ir/paper/91873/en

IEEE: Copy

GH.H. VAHIDI, “THE NESESSITY OF FORESEE ABILITY OF DAMAGES RESULTING FROM BREACH OF CONTRACT,” REVUE DE RECHERCHE JURIDIQUE, vol. -, no. SUPPLEMENT 1, pp. 357–393, 2009, [Online]. Available: https://sid.ir/paper/91873/en

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