Please help analyze the contract dispute case

Question 1: Is the second contract valid?

It is valid in the case that C is unaware of the existence of a contractual relationship between A and B; If C knows in advance that a or B has a contract, the part of the contract involving A and B is invalid, and the other is valid. Because C is suing, I assume that C did not know, and the following is the premise.

Question 2: Is there a legal basis for C to demand liquidated damages of RMB 5,000 and continue to perform the contract?

Under the premise that the contract is valid, if Party A is unable to perform part of the terms of the contract due to the fault of the contract, it shall bear the liability for breach of contract, and the two parties have agreed on liquidated damages, which shall be supported.

The part of the continued performance of the contract involving 40 acres of land is not supported, because the contract A and B are valid and B has legitimate rights and interests, resulting in the inability to continue to perform. The rest is supported.

Question 3: Can the court support A's request to terminate the contract if A agrees to pay C liquidated damages of RMB 5,000, deducting the cost of C's use of the house and fish pond, and returning the remaining contract fees?

The court did not support it because of the determination of the validity of the contract and the part that could actually be performed.

Question 4: If you were the presiding judge, how would you adjudicate?

Judgment: 1. Confirm the validity of the contract between Party A and Party B. 2. Party A shall bear the liquidated damages of 5,000 yuan.

Party C proposes to continue to perform the contract, but the part involving 40 yuan will not be supported by Party B during the legal contract period, and the rest of the contract shall be supported, and both parties shall continue to perform. 3. Party A's proposal to terminate the contract will not be supported.

1Is the second contract valid?

Effective. 2. Is there a legal basis for C to demand liquidated damages of 5,000 yuan and continue to perform the contract?

The requirements are not illegal and have a contractual basis (not necessarily a legal basis, and it is okay to comply with the contract).

3. A agrees to pay C 5,000 yuan in liquidated damages, deducting the cost of C's use of the house and fish pond, and returning the remaining contract fee, but asks to terminate the contract, can the court support it?

Unless Party C agrees, or refuses to perform the contract by other lawful compulsory measures, Party C is unable to continue to use the house, fish pond and land, resulting in a situation of complete breach of contract by Party A. Otherwise, the court cannot support it. However, in the event of a total breach of contract, the liability for breach of contract may not only be liquidated damages, but also damages (including loss of profits during the business period, unless the other party does not have a lawyer and is not aware of this legal provision).

4. If you were the presiding judge, how would you judge?

Although Party A breaches the contract, it is not a comprehensive breach, and the liquidated damages shall be reduced as appropriate. The judgment is as follows: 1. The defendant shall pay the plaintiff liquidated damages of 1,000 yuan (according to the proportion of land, fish pond and house); 2. The defendant returned the land contract fee received by X yuan; 3. The contract continues to be performed.

4. The defendant shall bear the case acceptance fee.

1. Valid, C is a bona fide third party, and its contract is protected by law.

2. Yes, but the liquidated damages cannot be so high, because there is only one year of default, and it can continue to be performed after 2008, which is not a fundamental breach of contract.

3. It cannot be supported.

4. I will make a judgment that the liquidated damages for one year will be calculated according to the ratio of 8 years and 5,000 yuan to C, and C's contract loss in 2008 will be compensated, and the contract will continue to be performed.

It is added that A may be liable for contractual negligence.

Not much to say about the rest, tired, hehe.

Legal analysis: There are mainly the following categories: 1. The collective economic organization is the plaintiff, and the non-local contractor is the defendant.

The claim is to confirm that the original contract is invalid or valid, and to require the contractor to pay the contract fee. 2. The contractor from outside the household is the plaintiff and the local collective economic organization is the defendant, and the contract is confirmed and the contract continues to be performed. 3. The foreign contractor sues the local collective economic organization (the contract issuing party) for taking back the contracted land without compensation or forcibly recovering the contracted land, destroying crops, farm tools, houses and other tortious acts, and claiming compensation for losses.

4. The person in charge of the collective economic organization is replaced, and the original contract violates the principle of democratic agreement, and the plaintiff's contract is requested to be confirmed to be invalid. 5. Disputes over arrears of contract fees by the contractor.

The characteristics are: First, the diversity and complexity of disputes. The second is the collective nature of disputes. The third is the intensification of disputes.

Legal basis: Rural Land Contract Law of the People's Republic of China

Article 55: Where disputes arise due to land contracting and operation, the parties may resolve them through negotiation, or may request mediation by villagers' committees, township (town) people, etc.

If the parties are unwilling to negotiate or mediate, or if the negotiation or mediation fails, they may apply to the rural land contract arbitration institution for arbitration, or they may directly file a lawsuit with the people's court.

Article 56: Where any organization or individual infringes upon the right to contract and operate land or the right to operate land, it shall bear civil liability.

Article 57: Where the contract-issuing party exhibits any of the following conduct, it shall bear civil liability such as stopping the infringement, removing obstacles, eliminating dangers, returning property, restoring the original state, and compensating for losses: (1) Interfering with the contractor's lawful autonomy in production and operation; (2) Violating the provisions of this Law by recovering or adjusting the contracted land; (3) Forcing or obstructing the contracting party to carry out the exchange or transfer of land contracting and management rights or the circulation of land management rights; (4) Forcing the contracting party to give up or change the right to contract and operate land under the pretext that the minority obeys the majority; (5) Recovering contracted land for bidding and contracting on the grounds of dividing "ration fields" and "responsibility fields"; (6) Recover the arrears of the contracted land; (7) Depriving or infringing on women's lawful rights to contract and manage land; (8) Other acts that infringe upon the right to contract and operate land.

Article 58: Agreements in a contract that go against the will of the contracting party or violate mandatory provisions of laws and administrative regulations such as that the contracted land must not be recovered or adjusted are invalid.

Article 59: Where one of the parties fails to perform its contractual obligations or its performance does not conform to the agreement, it shall bear liability for breach of contract in accordance with law.

Article 60: Where any organization or individual compels the exchange or transfer of land contract management rights or the circulation of land operation rights, the exchange, transfer, or circulation is invalid.

Article 61: Where any organization or individual withholds or withholds the proceeds from the exchange or transfer of land contracting and management rights or the circulation of land management rights without authorization, it shall be returned.

Legal analysis: The handling of disputes over rural contracting contracts shall be mediated by rural grassroots organizations and contract management departments. If mediation fails, a lawsuit may be filed in the people's court.

Legal basis: Opinions of the Supreme People's Court on Several Issues Concerning the Trial of Rural Contract Dispute Cases I. Issues concerning the acceptance of rural contract dispute cases.

In handling disputes over rural contracts, the role of the relevant rural grassroots organizations and contract management departments shall be brought into play, and the vast majority of disputes may be mediated by them. Where a party is dissatisfied with the disposition and files a lawsuit with the people's court, the people's court shall accept it in accordance with law; Where parties directly file a lawsuit with the people's court, the people's court shall also accept it in accordance with law.

The performance of some rural contracts is highly seasonal because it is restricted by natural conditions. Therefore, the people's court should promptly file a case for such a contract dispute, hear it as soon as possible, and if necessary, rule to resume production first and then resolve the dispute.

How to deal with disputes over engineering contracting contracts: It can be handled through settlement, arbitration, mediation, litigation, etc. A project contract is an economic contract that determines the rights and obligations between the project contractor and the contractor, and has legal effect.

[Legal basis].Article 119 of the Civil Procedure Law.

The following conditions must be met for a prosecution:

1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case;

2) There is a clear defendant;

3) There are specific litigation claims, facts, and reasons;

4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.

Article 143 of the Civil Code of the People's Republic of China.

Civil juristic acts that meet the following conditions are valid:

1) The perpetrator has the corresponding capacity for civil conduct;

2) The meaning is genuine;

3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.