What are the constitutive elements of liability for contractual negligence?

Personally, I think it is subjective, that is, the deliberate concealment of facts related to the conclusion of the contract.

Liability for negligence in contracting a contract refers to the liability for damages caused to the other party by violating the obligations arising from the principle of good faith in the process of concluding the contract. Article 42 of the Contract Law provides that if a party causes losses to the other party under one of the prescribed circumstances in the process of concluding a contract, it shall be liable for damages.

What are the constitutive elements of contractual negligence liability? There are four constitutive elements of contractual negligence liability: 1. One of the contracting parties has violated the statutory ancillary obligations or pre-contractual obligations.

2. The violation of statutory ancillary obligations or pre-contractual obligations has caused losses to the other party's trust interests. 3. The contractor to the party who violates the statutory ancillary obligation or the pre-contractual obligation must be subjectively at fault. 4. There must be a causal link between the breach of statutory ancillary or pre-contractual obligations by one of the contracting parties and the loss suffered by the other party.

The above four elements are indispensable, otherwise liability for contractual negligence cannot arise. At the same time, the four elements are interrelated organic wholes, and the determination of contractual negligence liability must be carried out in strict accordance with these four constituent elements. Does that make sense?

Legal Analysis] The constitutive elements of contractual negligence are that one of the contracting parties has violated the pre-contractual obligations or the statutory ancillary obligations. A party's breach of pre-contractual obligations or statutory ancillary obligations has caused a loss of trust to the other party; 1. If the party violates the pre-contractual obligations or the statutory ancillary obligations, it must be at fault in its subjective performance, and the fault includes intentional or negligent causes, but whether it is intentional or negligent, as long as the ancillary obligations are violated at the stage of concluding the contract, and the contract cannot be established or the contract is confirmed to be invalid, it should bear the liability for negligence in contracting; If a party breaches a pre-contractual obligation, or a statutory ancillary obligation, there must be a legal causal link with the loss suffered by the other party.

Legal basis] Civil Code of the People's Republic of China Article 500 Where a party causes losses to the other party in any of the following circumstances during the process of concluding a contract, it shall be liable for compensation: (1) Conducting negotiations in bad faith under the pretext of concluding a contract; (2) Deliberately concealing important facts related to the conclusion of a contract or providing false information; (3) Other conduct that violates the principle of good faith.

Analysis of the law: the constitutive elements of contractual negligence liability are as follows: 1. Contractual negligence liability is the liability for breach of contractual obligations, which can only occur at the stage of contract conclusion, not after the contract is concluded; 2. Violating the principle of good faith of one party; 3. There is a causal relationship between the intentional or negligent breach of pre-contractual obligations by one party and the loss of the other party.

Legal basis: Article 500 of the Civil Code of the People's Republic of China.

If the Huaishan person in the process of concluding the contract has any of the following circumstances and causes losses to the other party, he shall be liable for compensation: (1) maliciously conducting negotiations under the pretext of concluding a contract; (2) Deliberately concealing important facts related to the conclusion of a contract or providing false information; (3) Other conduct that violates the principle of good faith.

1. What are the constitutive elements of liability for contractual negligence.

1. There are four constituent elements of liability for contractual negligence:

1) One of the contracting parties has violated the statutory ancillary obligations or pre-contractual obligations;

2. The violation of statutory ancillary obligations or pre-contractual obligations has caused losses to the other party's trust interests.

3) the party to the party must be subjectively at fault for the breach of statutory ancillary obligations or pre-contractual obligations;

4. There must be a causal link between the breach of statutory ancillary or pre-contractual obligations by one of the contracting parties and the loss suffered by the other party.

2. Legal basis: Article 500 of the Civil Code of the People's Republic of China.

If a party suffers any of the following losses in the process of concluding a contract, it shall be liable for compensation:

1) Conducting negotiations in bad faith under the pretext of concluding a contract;

2) Deliberately concealing important facts related to the conclusion of the contract or providing false information;

(3) Other conduct that violates the principle of good faith.

2. What is the liability for the negligence of the contractor.

1. Liability for negligence in contracting refers to the loss of trust and interests of the other party due to the violation of the obligations of one party to the contract due to its breach of the principle of good faith, and shall bear the liability for damages;

2. The liability for contractual negligence is the civil liability borne by the contracting party in accordance with the law when the contracting party intentionally or negligently violates the pre-contractual obligations;

3. The liability for negligence in contracting is the property liability that the parties should bear due to negligence or intentional failure to form, revoke or invalidate the contract;

4. Liability for negligence in contracting refers to the legal liability borne by the other party when the contract is not established, confirmed invalid or revoked due to the negligence of the parties at the time of conclusion of the contract;

5. Liability for negligence in contracting is the civil liability for losses caused by the loss of the trust interests and inherent interests of the other party due to the breach of pre-contractual obligations such as protection, notification, cooperation and confidentiality arising from the principle of good faith at the time of the conclusion of the contract.

There are four constituent elements of contractual negligence liability:

1) One of the contracting parties has violated the statutory ancillary obligations or pre-contractual obligations;

2. The violation of statutory ancillary obligations or pre-contractual obligations has caused losses to the other party's trust interests.

3) the party to the party must be subjectively at fault for the breach of statutory ancillary obligations or pre-contractual obligations;

4. There must be a causal link between the breach of statutory ancillary obligations by one of the contracting parties, or the debending of pre-contractual obligations, and the losses suffered by the other party.

What is the liability for contractual negligence?

1. Liability for negligence in contracting refers to the loss of trust and interests of the other party due to the violation of its obligations arising from the breach of the principle of good faith by one of the parties to the contract, and shall bear the liability for damages;

2. The liability for contractual negligence is the civil liability borne by the contracting party in accordance with the law when the contracting party intentionally or negligently violates the pre-contractual obligations;

3. The liability for negligence in contracting is the property liability that the parties should bear due to negligence or intentional failure to form, revoke or invalidate the contract;

4. Contractual negligence liability refers to the legal liability borne by the other party when the contract is not established, is confirmed to be invalid or revoked due to the negligence of the parties at the time of the conclusion of the contract;

5. The liability for negligence in the conclusion of the contract refers to the civil liability for the loss of the trust interests and inherent interests of the other party due to the breach of the pre-contractual obligations such as protection, notification, cooperation and confidentiality based on the principle of good faith at the time of the conclusion of the contract.

[Legal basis].Article 500 of the Civil Code of the People's Republic of China.

If a party suffers any of the following losses in the process of concluding a contract, it shall be liable for compensation:

1) Conducting negotiations in bad faith under the pretext of concluding a contract;

(2) Deliberately concealing important facts related to the conclusion of a contract or providing false information;

(3) Other conduct that violates the principle of good faith.