Whether the default of the other party in the main contract can be offset against our default in the

No! To put it simply, you can't use other people's mistakes as a reason or excuse for your own mistakes.

The breach of contract by the other party in the first agreement and the agreement after the second breach of contract can be determined to be that the breaching party has assumed its own liability for breach of contract, and both parties have agreed! However, if you fail to perform your obligations in the second agreement when the other party completes the obligations under the agreement, it is impossible to successfully defend yourself, and you can even be considered to have breached the contract in bad faith.

I can give you a tip, but it's a bit of a loss, and it may be rewarding to ask your lawyer to start with the legal effect of the second agreement. Your solution certainly won't work legally, but if it is relevant in practice, it will be another matter.

Hello, according to what you said, the agreement signed by you later (the other party's withdrawal agreement) is a supplementary agreement, which belongs to the supplement of the original agreement between the two parties, and the breach of contract by the other party, your company has not claimed in the supplementary agreement, and it can generally be regarded as your waiver of rights.

My personal opinion, your company can countersue the other party for breach of contract. In practice, the court will support mediation so that some of the other party's claims can be neutralized.

It's not going to work. If the other party breaches the contract, you sign a new agreement with the other party to deal with it, and the price of the other party's breach of contract is to withdraw from the cooperation, and you also give necessary compensation. Now it is a question of the performance of the second agreement, and take a good look at the second agreement to see if there are any reasons to defend.

The supplementary agreement confirms that it is your obligation to compensate the other party, and the supplementary agreement does not mention the settlement of disputes over the performance of the original contract.

In accordance with the contract.

Contract liquidated damages and losses cannot be claimed at the same time. Chinese law clearly stipulates that it is forbidden to claim agreed liquidated damages and damages at the same time when requesting an increase in the amount of liquidated damages, and it is not possible to claim agreed liquidated damages and damages at the same time for the same breach of contract.

1. How to choose liquidated damages or deposits.

Liquidated damages and deposits cannot be applied at the same time.

The liquidated damages clause and the deposit clause cannot be applied at the same time, and are optional clauses that cannot be claimed at the same time. Where a party claims liquidated damages in litigation and demands the confiscation of the deposit or the return of double the deposit, it should not be supported.

In addition, if the defendant voluntarily bears the liability for breach of contract at the plaintiff's request, it is an act of the party disposing of its own rights, which may be permitted.

2. How much money can be paid for breach of contract to buy and sell a house.

Since liquidated damages are agreed in advance between the buyer and the developer at the time of entering into the contract, they often do not fully match the actual amount of loss. Under normal circumstances, even if there is a difference, the liability for breach of contract shall be borne as agreed. Unless the agreed liquidated damages are too high or too low to be fair, a reduction or increase can be requested.

As for the agreement on liquidated damages, the purchaser can agree on the amount of breach of contract according to the verification of the breach, and may also agree on the calculation method of the amount of compensation for breach of contract. If the agreed liquidated damages are lower than or excessively higher than the actual losses, the buyer may request the court or arbitration to increase or appropriately reduce them. Therefore, the agreed liquidated damages are regarded as damages for breach of contract in the nature of late landing.

3. What is the difference between a deposit and a liquidated damages?

When concluding a contract, the parties to the contract may stipulate that when one party breaches the contract, it shall pay a certain amount of liquidated damages to the other party according to the circumstances of the breach, and may also agree on the method of calculating the amount of compensation for losses arising from the breach. The deposit shall be part of the price or returned to the debtor when the debtor has fulfilled the obligation. A contract can stipulate both a deposit and liquidated damages, but when one party breaches the contract, the deposit and liquidated damages cannot be applied at the same time, otherwise the liability of the breaching party will be increased.

Article 584 of the Civil Code.

If one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, causing losses to the other party, the amount of compensation for losses shall be equivalent to the losses caused by the breach of contract, including the benefits that can be obtained after the performance of the contract; provided, however, that it shall not exceed the losses that may be caused by the breach of contract that the breaching party foresaw or should have foreseen at the time of entering into the contract.

Article 585.

The parties may agree that one party shall pay a certain amount of liquidated damages to the other party according to the circumstances of the breach of contract, and may also agree on the method of calculating the amount of compensation for losses arising from the breach. If the agreed liquidated damages are lower than the losses caused, the people's court or arbitration institution may increase them at the request of the parties; Where the agreed liquidated damages are excessively higher than the losses caused, the people's court or arbitration institution may appropriately reduce them at the request of the parties.

Legal analysis: If both parties breach the contract, they shall bear corresponding responsibilities. In practice, it is important to pay attention to the following issues:

1. In fact, the situation of breach of contract by both parties does not necessarily lead to the liability of both parties for breach of contract. If one party's breach of contract is based on force majeure, the other party's breach of contract cannot be exempted, in which case, only one party is liable, and the party who breached the contract due to force majeure shall not be liable for breach of contract. 2. If the liability for breach of contract arising from the breach of contract of Yunling of both parties is the same kind of liability and can be offset according to its nature, the two parties may offset their respective liabilities within the scope of the law.

If there are several parties to the contract or one of the parties to the contract is more than one person, in the case of breach of contract by both parties, more complex joint and several debts or share debts will occur. This needs to be judged on a case-by-case basis.

Legal basis: Civil Code of the People's Republic of China

Article 577:Where one of the parties fails to perform its contractual obligations or its performance of contractual obligations does not conform to the agreement, it shall bear liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses.

Article 578:Where one of the parties expressly states or shows by its own conduct that it will not perform its contractual obligations, the other party may request that it bear liability for breach of contract before the expiration of the performance period.

Article 579:Where one of the parties fails to pay the price, remuneration, rent, or interest, or fails to perform other monetary debts, the other party may request payment from the other party.

Article 584:Where one of the parties fails to perform its contractual obligations or performs its contractual obligations in an inconsistent manner with the agreement, causing losses to the other party, the amount of compensation for the losses shall be equivalent to the losses caused by the breach of contract, including the benefits that can be obtained after the performance of the contract; provided, however, that it shall not exceed the losses that may be caused by the breach of contract that the breaching party foresaw or should have foreseen at the time of entering into the contract. Dust leakage.