损害赔偿是合同法上的重点和难点,可预见性规则是英美法系和大陆法系大多数国家在限制损害赔偿范围上所共同使用的规则。我国虽在立法上采纳了可预见性规则,但在实践中的适用情况却差强人意。本文指出适用可预见性规则时,应注意该规则是补充规则、强制性规则,无论故意违约还是过失违约,该规则均可适用,预见的内容应仅限于损失的类型或种类,在可预见性判断的过程中,要坚持一定原则,也要具体问题具体分析,同时,不可忽视法官自由裁量的作用。 Compensation for damages is the key and difficult point in the contract law. The rules of foreseeability are the common rules used by most countries in common law system and civil law system to limit damages. Although our country has adopted the foreseeable rules in legislation, its application in practice is far from satisfactory. This paper points out that when applying the rules of foreseeability, it should be noted that the rules are supplementary rules, mandatory rules, either intentionally or negligently, the rules are applicable, the foreseeable content should be limited to the type or type of loss, In the process of judgment, we must insist on certain principles as well as concrete analysis of specific issues. At the same time, we can not ignore the role of judges in discretion.