Limitation on claims for breach of contract under the Civil and Commercial Code Compare with the Common Law of England and the United States

Abstract

In this research, the author aims to study the Supreme Court in the Civil and Commercial Code, Section 222 What criteria the court uses to determine compensation arising from non-payment under the contract. Including Section 223 in case of average damage if the injured person has caused such damage. By conducting qualitative research studies based on information from Thai and foreign language texts such as England and the United States of America such as the Ruxley Electronics & Constructions Ltd. v. Forsyth [1996] AC 344 case or the Jacob & Youngs, Inc. v case. Kent - 230 NY 239, 129 NE 889 (1921) The results of the study found that the common law approaches used by courts in the United Kingdom and the United States have adopted a reasonable principle. Or correction costs must be proportional to the benefits that will be received from the amendment to consider whether to pay damages as requested by the parties or not. Which according to the judgment, the Thai court has used Section 222 to determine whether the damages that occur normally or damages caused by the circumstances, then the parties will be liable for damages or Section 223. If the injured person is involved in causing damage, Therefore, damages should be considered by taking into account the reasonable principles used in the Common Law legal system. By revising and adding laws to ensure fairness for both parties.