Substantiation Standard when Proving Damages Incurred by Breach of Contract

Student: Medvedev Dmitrii

Educational Programme: Civil Law and Commercial Law (Master)

Year of Graduation: 2018

The work is dedicated to the standard of proof which is applied by Russian courts in the cases connected with breach of contracts. The following issues are analyzed in the work: the reasons why Russian courts imposes an overstated requirements on the process of proving the sufficient set of elements needed to effectevely claim for damages, the idea, types and the intended purpose of the standards of proof, the correlation between standard of proof and the internal conviction criteria. Author analyses Russian and foreign court practice and doctrine to discover instruments, approaches, methods and theories which can be implemented into Russian legal framework so that the new soften standard of proof – reasonable certainty – could be applied successfully. Individual attention is paid to the foreseeability rule as a method of limiting contractual damages and to the issue of if it is possibile to implement this method into the Russian legal framework.

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