Is the liability for breach of contract borne by A 5, is the liability for breach of contract borne

This case is more like an exam question. A shall be liable for breach of contract. Here's why.

1. To determine the liability for breach of contract, it is first necessary to determine whether the contract is valid and established. In this case, if the parties A and B signed on the basis of equality and originality, and there is no illegal content in the description, then it is a valid contract. Thirdly, although the parties to the contract in this case did not expressly agree on the usual contract clause of "**", but only agreed that "the two parties shall sign a sales contract separately according to the market ** at that time", it does not affect the establishment of the contract itself, because Interpretation II of the Contract Law clearly stipulates that:

A contract is deemed to have been established if the name, subject matter, and quantity can be determined.

2. Once the contract is established, regardless of whether the two parties agree on a breach of contract clause, it may constitute a breach of contract and thus bear the liability for breach of contract. Then the key is the question of who breached the contract between A and B in the case. If there is no special provision in the contract, Party A may not deliver the goods or the contract will be invalid if it does not sign a sales contract according to the market at that time.

Then it can be determined that Party A is in breach of contract. Because, at this time, the contract is already valid and established. Both parties have a clear agreement on the delivery time, quantity and method, but the ** clause is missing.

Then Party A is obliged to deliver the goods in accordance with the provisions of the contract, and the interpretation of the Contract Law also clearly stipulates the solution when the agreement is unclear or there is no agreement. At this time, we can't think that the contract cannot be established without the two parties agreeing on the first clause, so Party A can not deliver the goods.

The agreement is limited to the total amount of 90 pieces of leather tops, 30 pieces each time, supplied in three months of short-term supply sales contract, the total amount of the contract and the phased implementation of the agreement is clear, there is no ambiguity, the total amount is completed, the contract is executed, Party A does not bear the liability for breach of contract outside the total amount of the contract.

Whether it constitutes a breach of contract must depend on the provisions of the contract.

Zongheng Legal Network-Guangdong Prometheus (Guangzhou) Law Firm-Yang Yanguo lawyer.

1.During the period of renting the house, if Party A does not provide Party B with the house as agreed in the contract for any reason, it shall pay Party B as liquidated damages at the amount of twice the rent on the contract.

2.If Party A fails to provide the contract to Party B in accordance with the contract due to Party A's reasons, and Party B requires Party A to perform in accordance with the contract, Party A shall pay Party B a late fee of 0.5% of the monthly rent if Party A fails to deliver the house for one day overdue.

3.If Party A does not repair the house in time or Party B is in a hurry to live in the house when renting the house, then Party A shall pay the maintenance and demolition fee or reduce the rent to Party B, and Party B shall be able to provide valid certificates.

4.If Party A breaches the contract and wants to take back the house before the expiration of the contract, it shall pay Party B as liquidated damages according to the double price of the monthly rent of the contract, and if the liquidated damages are not enough to make up for the losses incurred by Party B when moving, then Party A shall also bear the corresponding liability for compensation.

5.If this contract is invalid because of a problem with the house or renting the house to another person in another town, Party A shall compensate Party B for the corresponding losses.

1. Party B's liability for breach of contract.

1.During the lease period, if Party B has any of the following behaviors, then Party A has the right to take back its house and terminate the contract. In addition, Party B shall compensate Party A for liquidated damages according to double the monthly rent of the contract.

If the liquidated damages paid are not enough to compensate for Party A's losses, Party B shall continue to compensate until all losses are compensated.

1) Without the consent of Party A and without signing a written agreement, Party B subleases or lends the house to others without permission.

2) Without the consent of Party A and without signing a written agreement, Party B dismantles or changes the original structure of the house without authorization, or damages the house.

3) Failure to use the house for the purpose specified in the contract, and the use of the house for some illegal activities.

4) Failure to pay rent on time, and the cumulative time of sedan imitation jujube for more than one month.

2.During the lease period, if Party B fails to bear the corresponding expenses in accordance with the provisions of the contract within the specified time, Party A shall be paid a late fee of 0.5% of the total amount according to the above provisions for every more than 1 day.

3.During the lease period, if Party B surrenders the lease without the consent of Party A before the expiration of the lease, it shall pay Party A liquidated damages at double the monthly rent agreed in the contract. If the liquidated damages are not enough to make up for the losses suffered by Party A, it shall also bear the corresponding liability for compensation.

4.If Party B fails to pay the rent to Party A at the agreed time, it will pay an additional late fee of 0.5% of the monthly rent for each more than one day.

5.After the expiration of the lease period, if Party B fails to return the house to Party A on time, it will pay a late fee of 0.5% of the monthly rent paid to Party A for more than one day, and also bear the loss caused by the failure to return the house on time.

Contracts and contracts have been the representatives of contract and trust since ancient times, both parties to cooperate or do business are to abide by, anyone must abide by the rules, but in practice, there are often many people who do not follow the rules and do not perform the contract in the case of signing a contract with others, so whether the contract is not signed and is not fulfilled to bear the liability for breach of contract? The following is answered by readers, I hope it will be helpful to you.

1. Whether the Civil Code bears liability for breach of contract if it is not performed after signing the contract

According to the relevant provisions of China's Civil Code, if both parties fail to perform the contract after it is signed, the contract can be terminated through negotiation. If one party fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, the other party may require it to bear the responsibility of continuing to perform, taking remedial measures or compensating for losses. It can also be handled in accordance with the treatment agreed in the contract of the parties.

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. If 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 it to bear the liability for breach of contract before the expiration of the performance period.

Civil Code of the People's Republic of China

Article 577: [Liability for breach of contract]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: [Liability for Expected Breach of Contract] 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.

2. What is the legal liability for non-performance of the contract

1. If the price or remuneration is not paid, the other party may require it to pay the price or remuneration; 2. If the payment of the price or remuneration is delayed, the overdue interest of the price or remuneration shall be paid; 3. If the non-monetary debt is not performed or the performance does not conform to the agreement, the other party may request performance, except for one of the following circumstances:

1) Legal or de facto impossibility of performance:

2) the subject matter of the debt is not suitable for compulsory performance or the cost of performance is too high;

3) The creditor does not demand performance within a reasonable period of time.

If the quality does not conform to the agreement, it shall bear the liability for breach of contract in accordance with the agreement of the parties, and the agreement on the liability for breach of contract is not clear, and the injured party may reasonably choose to request repair, replacement, rework, price reduction or return according to the nature of the subject matter and the size of the loss.

The above knowledge is the answer to the relevant legal questions, and both parties should abide by the internal stool of the agreement, and be true to their word. When the rights and obligations stipulated in the contract are not fulfilled in a timely manner after the contract comes into effect, the corresponding legal consequences need to be borne. If you need legal help, you are welcome to come for legal advice.

Legal analysis: Liability for breach of contract shall be borne for breach of contract, and the liability for breach of contract shall be borne in the form of continued performance, taking remedial measures or compensating for losses. The loss of compensation is the loss caused to the other party due to the breach of contract, excluding the unforeseeable loss of the breaching party.

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 the performance of its contractual obligations does not conform to the agreement, it shall bear liability for breach of contract such as continuing to perform with closed arguments, taking remedial measures, or compensating for losses.

Article 584:Where one of the parties fails to perform its contractual obligations or performs its contractual obligations in a manner inconsistent 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.

1. The liability for breach of contract is generally borne by the breaching party.

According to Article 577 of the Civil Code, if a party 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 prudently, taking remedial measures or compensating for losses.

2. The breaching party may also need to compensate for losses.

Article 583 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, if the other party has other losses after performing the obligations or taking remedial measures, the other party shall compensate for the losses.

Article 584 of the Civil Code stipulates that 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 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, but shall not exceed the losses that may be caused by the breach of contract that the party in breach of contract foresaw or should have foreseen at the time of entering into the contract.

1. What are the specific responsibilities for breach of contract?

1) Continued fulfillment. If the contractual obligations are not performed or the performance does not conform to the agreement, the non-breaching party may require the breaching party to continue to perform in accordance with the contract until the purpose of the contract is achieved. This situation is mostly applicable to the situation where the subject matter is specific and must be performed and cannot be substituted for performance.

2) Take remedial action. The quality of the subject matter of the performance of the debt does not conform to the contract, and there is no need to continue to perform, but only appropriate remedial measures need to be taken to achieve the purpose of the contract or the purpose that the non-breaching party considers satisfactory. For example, if the quality of the delivered products does not conform to the agreement, the other party may be required to bear the liability for breach of contract such as repair, replacement, rework, return, reduction of price or remuneration.

3) Indemnity. If the parties to the contract agree in the contract that if one party causes actual damage to the other party due to breach of contract, the liability shall be borne according to the amount of the actual damage. Where the other party has other losses after performing its obligations or taking remedial measures, it shall compensate for the losses.

4) Liquidated damages. When one or both parties to the contract breach the contract as agreed in the contract, the breaching party shall pay a certain amount of currency to the non-breaching party to compensate for the losses of the non-breaching party, and at the same time has the effect of punishing the breach of contract. After assuming the liability for breach of contract, whether to continue to perform or take remedial measures can be determined by the parties to the contract through negotiation.

However, if the parties agree on liquidated damages for delayed performance, the breaching party shall continue to perform after paying the liquidated damages.

How to write the liability for breach of contract:

1. The method of bearing the liability for breach of contract should be clearly stated;

2. It is stipulated that the liability for breach of contract clause stipulates that the liability for breach of contract can be agreed in detail by the parties to the contract in the contract, and the liquidated damages for delay in the performance of the goods may be agreed upon for the delay in delivery of the goods or the payment for the goods;

3. Clarify the scope of damages;

4. If it is clarified that if the parties agree on liquidated damages for the delay in the performance of the liquidated damages, the defaulting party shall also perform the debt after paying the liquidated damages.

Article 566 of the Civil Code.

After the contract is terminated, if it has not been performed, the performance shall be terminated;

If it has been performed, the parties may request restitution or other remedial measures according to the performance and the nature of the contract, and have the right to claim compensation for losses.

If the contract is terminated due to breach of contract, the person with the right to terminate may request the breaching party to bear the liability for breach of contract, unless otherwise agreed by the parties.

After the termination of the main contract, the guarantor shall still bear the guarantee liability for the civil liability to the debtor, unless otherwise agreed in the guarantee contract.

Provisions on the handling of Party A's liability for breach of contract.

1. If Party A terminates the lead contract due to its inability to provide the house agreed in this contract, it shall pay Party B twice the monthly rent of this contract as liquidated damages.

2. If Party B requires Party A to continue to perform the contract, Party A shall pay Party B a late fee for the monthly rent every day of overdue delivery.

3. If Party B organizes maintenance due to Party A's failure to perform its maintenance obligations in time or the situation is urgent, Party A shall pay Party B's expenses or discount rent, but Party B shall provide valid certificates.

4. If Party A violates the provisions of this contract and takes back the house in advance, it shall pay liquidated damages to Party B according to twice the monthly rent of the contract, and if the liquidated damages paid are insufficient to make up for Party B's losses, Party A shall also bear the liability for compensation.

5. When Party A invalidates this contract due to defective ownership of the house or illegal rental of the house, Party A shall compensate Party B for its losses. Party B's liability for breach of contract.

1. During the lease period, if Party B has any of the following behaviors, Party A has the right to terminate the contract and take back the house, and Party B shall pay liquidated damages to Party A according to twice the monthly rent of the contract. If the liquidated damages paid are insufficient to compensate for Party A's losses, Party B shall also be responsible for compensation until all losses are compensated.

1) Without the written consent of Party A, sublease or lend the house to others;

2) Without the consent of Party A's Shuhuai Hong, dismantle and change the structure of the house or damage the house;

3) Changing the lease purpose specified in this contract or using the house for illegal activities;

4) Rent arrears for more than 1 month.

2. During the lease period, if Party B is late in paying the expenses that should be borne by Party B as agreed in this contract, Party A shall pay a late fee according to the total amount of the above expenses for each day of overdue.

3. During the lease period, if Party B quits the lease without the consent of Party A, Party B shall pay liquidated damages to Party A at twice the monthly rent of the contract. If the liquidated damages paid are insufficient to compensate for Party A's losses, Party B shall also be liable for compensation.

4. If Party B is late in paying the rent, Party B shall pay a late fee for each day of overdue.

5. Upon the expiration of the lease, Party B shall return the house as scheduled. If Party B returns it after the deadline, Party B shall pay a late fee of the monthly rent to Party A for each day of overdue. Party B shall also bear the losses caused to Party A due to overdue return.