Is there a rule on what to do if a customer defaults?

How to deal with the breach of contract by the customer should be determined according to the contract signed between you and the customer, and there is an agreement on the breach of contract in the contract, and it can be handled in accordance with the contract.

About the conclusion of the contract.

According to the provisions of the law, if a written contract is signed, the contract shall be established when both parties sign or affix their seals, and if the terms of the contract are not equal, the contract shall not affect the conclusion of the contract, but the contract may be revoked after its conclusion.

Article 32 of the Contract Law stipulates that if the parties conclude a contract in the form of a contract, the contract shall be formed when both parties sign or affix their seals.

Article 33 stipulates that [Confirmation and Formation of Contract] If the parties conclude a contract in the form of letters, data messages, etc., they may request the signing of a confirmation before the conclusion of the contract. The contract is concluded when the confirmation is signed.

Article 54 stipulates that [voidable contracts] One of the parties has the right to request the people's court or arbitration institution to modify or revoke the following contracts:

1) It was concluded due to a major misunderstanding;

2) It is obviously unfair at the time of the conclusion of the contract.

If one party uses fraud, coercion or taking advantage of the danger of others to cause the other party to enter into a contract contrary to its true intentions, the injured party has the right to request the people's court or arbitration institution to modify or revoke it.

Where a party requests a modification, the people's court or arbitration institution must not revoke it.

2. Types of liability for breach of contract.

1. Liability for breach of contract: Liability for breach of contract refers to the liability that the parties should bear when they fail to perform or do not fully perform the contractual debts;

2. Liability for anticipatory breach of contract: The so-called liability for anticipatory breach of contract refers to the liability that one party clearly indicates to the other party that it will not perform its contractual obligations after the effective conclusion of the contract and before the arrival of the performance period agreed in the contract, or the party's own behavior or objective facts imply that it will not be able to perform its contractual obligations according to the contract;

3. Liability for negligence in contracting: In the process of concluding a contract, if one party fails to form, invalidate or revoke the contract due to its fault, and the other party suffers a loss of trust interests, the fault party shall bear the responsibility.

According to Article 100 of the "Power Supply Business Rules", the behavior that endangers the safety of power supply and consumption and disrupts the normal order of power supply and consumption is a breach of contract. The power supply enterprise shall promptly stop the illegal use of electricity that is discovered。 For details, please refer to the "Power Supply Business Rules".

We hope you find ours helpful.

See whether both parties have agreed in writing on the liability for breach of contract. If there is, it will be executed as agreed. If there is no express agreement, the breaching party shall compensate the other party for its losses.

Since you are talking about the breach of contract by the customer, then it belongs to the commercial category, in business, the two parties sign a contract, and the liability for breach of contract agreed in the contract is dealt with according to the liability for breach of contract agreed in the contract, and the liability for breach of contract will also be supported by the court, but if there is no agreement on the liability for breach of contract or the liability for breach of contract is very light, then there is no way, the court will not recognize the liability without a certainty.

If there is a breach of contract, it can be resolved, after all, they can still deal with it, and they can generally deal with their problems.

How would you deal with it? Of course, there are many forms of operation.

The relevant regulations say that if the customer breaches the contract, it shall be punished according to the contract.

Legal analysis: If the customer breaches the contract, he can choose the following ways to pursue the legal responsibility of the other party: 1. The non-compliant party may request to suspend the performance of the contract to avoid expanding its own economic losses, and can even terminate the contract in accordance with the law and claim compensation for economic losses; 2. If the non-breaching party has definite evidence, it may file a lawsuit with the people's court and then demand compensation for damages; 3. If one party breaches the contract, the other party may require the other party to actually perform the contract.

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 the liability for breach of contract such as continuing to perform the balance, 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, interest, banquet, or other monetary debts, the other party may request payment.

Article 584:Where one of the parties fails to perform its contractual obligations or fails to perform its contractual obligations in accordance 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.

Legal analysis: If the customer breaches the contract, he can choose the following ways to pursue the legal responsibility of the other party: 1. The non-compliant party may request to suspend the performance of the contract to avoid expanding its own economic losses, and can even terminate the contract in accordance with the law and claim compensation for economic losses; 2. If the non-breaching party has definite evidence, it may file a lawsuit with the people's court and then demand compensation for damages; 3. If one party breaches the contract, the other party may require the other party to actually perform the contract.

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 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 obligations under the contract, 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.

1. Require the other party to continue to perform the contract.

The continued performance of the contract is the liability for breach of contract stipulated in the Civil Code, the legal obligation that the breaching party must bear, and the legal right enjoyed by the non-breaching party. Regardless of whether the breaching party is willing or not, as long as there is a possibility of continued performance, the non-breaching party has the right to require the breaching party to continue to perform its obligations under the original contract.

2. Require the other party to pay liquidated damages.

In the cases we have come into contact with, many parties have not agreed on liquidated damages or liability clauses for breach of contract at all, or although there is an agreement, such an agreement is not clear and not operable. For example, "if one party violates the contract, it shall bear legal responsibility." Because liquidated damages are pre-agreed upon by the parties, the actual damage is not a precondition.

In other words, regardless of whether damage has occurred, as long as there is a clear agreement, the breaching party should pay liquidated damages. In particular, in the absence of damages, legal sanctions can be imposed on the defaulting party by agreeing on liquidated damages.

1. What should I do if one of the parties to the contract breaches the contract.

When one party to the contract breaches the contract, it can be dealt with in the following ways: 1. Require the other party to continue to perform the contract. Regardless of whether the breaching party is willing or not, as long as there is a possibility of continued performance, the non-breaching party has the right to require the breaching party to continue to perform its obligations under the original contract; 2. Require the other party to pay liquidated damages.

If one party violates the contract, it shall bear legal responsibility. Liquidated damages are liquidated damages agreed by the parties in advance, not based on the premise of actual damage, regardless of whether the damage occurs, as long as there is a clear agreement, the breaching party shall pay liquidated damages; 3. Demand compensation from the other party. If one of the parties fails to perform its contractual obligations or fails to perform its contractual obligations as agreed, causing losses to the other party, the amount of compensation for losses shall be equivalent to the losses caused by the breach of contract.

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 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 5: Where one of the parties clearly states or shows by its own conduct that it does 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.