论美国合同法中的“结果性损害”——兼谈违约可得利益赔偿的主观要件

美国合同法中的“结果性损害”包括利润损失，该损害是远隔的、间接的，如果当事人要获得赔偿，必须证明该损害是违约方订约时预见或者应当预见的，这一结论合乎合理预见规则的理念。包括我国在内的大陆法系的违约可得利益损失赔偿也应当要求违约方预见这一主观要件。这对我国违约赔偿具有借鉴意义。

On Consequential Damages in the American Contract Law——On the Subjective Essential Condition for Compensation for Breach of Expectant Interests

Consequential damage which is remote and indirect in American contract law includes profits lost. That the observant party which wants to be compensated for has to demonstrate that the harm is or ought to be foreseen by the breaching party at the time of contracting conforms to the foreseeability rule. This rule should also he included in the Continental Law System including China＇s as a subjective essential condition.