美国合同法中的精神损害赔偿探析

Analysis on the Compensation for Spiritual Harm in American Contract Law

传统的英美合同法理论认为 ,侵权责任中的精神损害赔偿不能扩展到违约责任中。然而 ,随着经济的发展 ,为了更好地保护受害方的利益 ,美国法学界和法院在一定程度上打破了这一传统原则 ,允许受害方在某些情况下可以要求违约中的精神损害赔偿 ,如 :合同具有个人因素 ,合同条款无法为受害方提供适当金钱赔偿 ,违约方在订约时已经或应该预见到其违约行为将导致的精神损害等。笔者在对此进行仔细研究的基础上 。

The traditional common law doctrine of contract provides that tort damages for emotional distress caused by breach of contract are not recoverable. Yet, along with the development of economy and better protection of interests of the injured party, the American jurisprudence and courts to some extent have broken this traditional rule, allowing the emotional distress damages by breach of contact, in such cases as contracts involving personal interests and incapable of adequate pecuniary compensation by reference to the terms of the contract, and the party in breach has foreseen or could have foreseen at the conclusion of contract such emotional distress. On the basis of a careful study in this field, the author also puts forward some law-making suggestions.