Investigating the Role of Social Justice in Mitigating the Exorbitant Damages Caused by Breach of Contract

Subject Areas : Political and International Researches Quarterly

Ali  Haratiyan nezhadi ¹ (Department of Law, Kish International Branch, Islamic Azad University, Kish Island, Iran)
bakhtiyar  abasloo ² (Assistant Professor of Law, Tehran Central Branch, Islamic Azad University, Tehran, Iran, corresponding Author:)
mehdi  montazer ³ (Assistant Professor of Law, Damavand Branch, Islamic Azad University, Tehran, Iran)
mitra  zarabi ⁴ (Assistant Professor of Law, Damavand Branch, Islamic Azad University, Tehran, Iran)

Received: 2022-02-27 Accepted : 2022-02-27 Published : 2022-02-20

Keywords: justice, Fairness, Social Judgment, Contractual Damages, Damages Reduction,

Abstract :

It is certain that in the field of law, legal articles can never be free from the standard of justice. It sometimes happens that the law allows the parties to include cases contrary to justice and fairness in contracts. In such cases, can the imposition of excessive contractual damages due to the weakness of one of the parties in the transaction be moderated by taking the standard of justice? It is assumed that social justice with the definition provided in this study and by considering the intention of the parties without distorting it, is effective in adjusting the compensation of contract damages. The purpose of this paper is to achieve a contractual balance between the components of the contract and thus to create a balance between loss and compensation. The method adopted in this research is descriptive-analytical method and it is an applied type of research in which an attempt is made to solve a problem by placing an element as a criterion.