Describe the way to bear the liability for breach of contract, and briefly describe the way to bear

1. Continue to perform.

That is, the people's court or arbitration institution shall make a judgment requiring continued performance or issue a special performance order to compel the debtor to perform the contractual obligations within a specified time limit.

2. Pay liquidated damages.

That is, if the parties to the contract agree in the contract, when the debtor fails to perform or improperly performs the contractual obligations, it shall pay a certain amount of money to the other party.

3. Damages.

That is, when property losses are caused to the other party due to the breach of contract by one of the parties, the breaching party shall pay economic compensation to the other party.

4. Pay the deposit.

That is, in order to ensure the performance of the contract, one of the parties to the contract shall pay the other party money according to a certain proportion of the amount of the subject matter of the contract in accordance with the provisions of the law or the agreement of the parties.

5. Other remedial measures.

Liability for violations, that is, legal liability, refers to the adverse consequences borne by the actor due to the violation of legal obligations or contractual obligations, or the improper exercise of legal rights and powers. In terms of its nature, legal relations can be divided into legal utilitarian relations and legal moral relations, and in line with this, legal liability can also be divided into compensatory methods and sanction methods.

1. Legal liability first means a violation of legal obligations.

including breach of contract, etc.), which is premised on the existence of legal obligations.

2. Legal liability is also expressed as a way of responsibility, that is, to bear adverse consequences.

3. Legal liability has internal logic, that is, there is a logical relationship between antecedents and consequences.

4. The pursuit of legal responsibility is carried out by the coercive force of the state or is potentially guaranteed.

The main way to bear the liability for breach of contract is to continue to perform, take remedial measures or compensate for losses.

According to Article 577 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 agreed obligations, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.

Article 582 stipulates that if the performance does not conform to the agreement, the party shall bear the liability for breach of contract in accordance with the agreement of the parties. If there is no agreement on liability for breach of contract or the agreement is not clear, and it cannot be determined in accordance with the provisions of Article 501 of this Law, the injured party may, based on the nature of the subject matter and the size of the loss, reasonably choose to request the other party to bear the liability for breach of contract such as repair, rework, replacement, return, reduction of price or remuneration.

Article 577 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, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses.

Article 582 of the Civil Code.

If the performance does not conform to the agreement, the liability for breach of contract shall be borne in accordance with the agreement of the parties. Where there is no agreement on liability for breach of contract or the agreement is not clear, and it cannot be determined in accordance with the provisions of Article 510 of this Law, the injured party may, based on the nature of the subject matter and the size of the loss, reasonably choose to request the other party to bear liability for breach of contract such as repair, rework, replacement, return, reduction of price or remuneration.

The main forms of liability for breach of contract include the following:

1. Continued performanceContinued performance, also known as compulsory actual performance, refers to the form of liability for breach of contract in which the breaching party continues to perform its obligations under the contract at the request of the other party.

2. Taking remedial measuresAs an independent form of liability for breach of contract, remedial measures refer to specific measures to correct the improper performance of the contract (unqualified quality) and eliminate the performance defects. This form of liability is complementary to continued performance (resolution of non-performance) and compensation for losses.

3. Compensation for lossesCompensation for losses, also known as damages for breach of contract, refers to the form of liability of the breaching party to make up for the property reduced or the lost interests of the injured party due to the breach of contract by paying money.

4. Liquidated damages: Breach of contract as a doll refers to a certain amount of money or property that one party should pay to the other party when it violates the contract.

1. The way to bear the liability for breach of contract

1) Payment of liquidated damages.

Liquidated damages: refers to a certain amount of money paid to the other party when the contract debtor fails to perform or improperly performs the contractual obligations as agreed by the parties to the contract.

2) Damages.

Damages: refers to the economic compensation made by the breaching party to the other party when the property loss is caused to the other party due to the breach of contract by one of the parties to the contract.

3) Continued performance.

Continued performance: refers to the judgment or special performance order issued by the court or arbitration institution to force the debtor to perform the contractual obligations within a specified time limit.

4) Other remedial measures.

If the quality does not conform to the agreement, the liability for breach of contract shall be borne in accordance with the agreement of the parties. If there is no agreement on liability for breach of contract or the agreement is not clear, and it cannot be determined in accordance with the provisions of the Civil Code, the injured party may, according to the nature of the subject matter and the size of the loss, reasonably choose to require the other party to bear the liability for breach of contract such as repair, replacement, rework, return of goods, reduction of price or remuneration, etc.

2. What are the forms of liability for breach of contract in the loan contract?

a) Continued performance.

Continued performance, also known as compulsory actual performance, refers to the form of liability for breach of contract in which the breaching party continues to perform its obligations under the contract at the request of the other party.

2) Take remedial measures.

As an independent form of liability for breach of contract, the adoption of remedial measures refers to specific measures to correct the improper performance of the contract (quality non-contract) and eliminate the defects in performance.

3) Compensation for losses.

Compensation for losses refers to the form of liability of the breaching party to make up for the loss of property or lost benefits of the injured party by paying money.

Briefly describe the content of the liability for breach of contract and the form of the eggplant chain.

Correct answer: Liability for breach of contract refers to the civil liability for breach of contract, which refers to the legal liability that one or both parties to the contract shall bear in accordance with the provisions of the law or the contract when one or both parties to the contract fail to perform their contractual obligations or the performance of their contractual obligations does not conform to the provisions of the contract.

The ways to bear the liability for breach of contract include the following:

1. Continue to perform.

2) Take remedial action.

3) Compensation for the loss of the burner mold.

4) Pay liquidated damages.

1. Continued performance refers to the form of liability for breach of contract in which the breaching party continues to perform its obligations under the contract at the request of the other party.

2. Take remedial measures: including repair, replacement, rework, return, reduction of price or remuneration, service fees, compensation for losses, etc.

3. Compensation for lossesCompensation for losses refers to the form of liability of the breaching party to make up for the property or lost interests of the injured party by paying money. Liang Lu carries the compensation for the loss by paying money, and the compensation for the loss mainly refers to monetary compensation. However, in special cases, other things can also be substituted for money as compensation.

The scope and amount of liquidated damages may be agreed upon by the parties.

4. Liquidated damagesLiquidated damages refer to the amount of money or property that one party should pay to the other party when it violates the contract. In China, it is agreed that the liquidated damages are "lower than the losses caused" or "excessively higher than the losses caused", and the courts or arbitration institutions may "appropriately increase" or "appropriately decrease" through the courts.

5. The party who pays the deposit is responsible for the deposit and has no right to demand the return of the deposit if it fails to perform the agreed debt: the party receiving the deposit shall return the deposit twice if it fails to perform the agreed debt. Article 585 of the Civil Code provides that the parties may agree 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.

It is also known that it is possible to agree on the calculation method of the compensation for the loss caused by the breach of contract. 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.

If the parties agree on liquidated damages for delayed performance, the breaching party shall also perform the debt after paying the liquidated damages.

Answer: A, C, E

Syllabus requirements] mastery.

Exercise Analysis] The focus of this question is to grasp the "way of bearing the liability for breach of contract". Liability for breach of contract can be borne in the form of continued performance, compensation for losses, payment of liquidated damages and deposit penalties. Therefore, the correct answer to this question is a, c, and e.