Liability for breach of unilateral contract termination

Breach of contract refers to one or both parties' breach of the obligations agreed in the contract, the obligations directly stipulated by the law and the obligations required by the legal principles and spirit. If a party fails to perform its contractual obligations or performs its contractual obligations in a manner inconsistent with the contract, thereby causing losses to the other party, the amount of compensation for losses shall be equal 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 possible losses caused by the breach of contract that the party in breach of contract foresaw or should have foreseen when concluding the contract.

2024-03-03 10:01:08 2296 people have been helped

Complaints/reports Disclaimer: The above content is integrated by LATU in combination with policies, regulations and Internet related knowledge, and does not represent the views and positions of the platform. If the content is incorrect or infringing, please contact us to correct or delete it through [Complaint/Report] on the right.

Hello: Procedure of labor arbitration: 1. The party accepting the case shall apply to the arbitration committee under its jurisdiction for arbitration within 60 days from the date of the occurrence of the labor dispute. When applying, the party shall submit a written appeal and a copy according to the number of defendants. The petition shall specify the following items: (1) the name, occupation, address and work unit of the laborer party, the name and address of the employer, and the name and position of the legal representative; (2) The arbitration claim and the facts and reasons on which it is based; (3) Evidence, name and address of witness. The parties submit a written appeal to the Arbitration Commission. After examination, the Arbitration Commission makes a decision on acceptance or rejection within 7 days after receiving the written appeal. If it decides not to accept the case, it shall prepare a notice of rejection and deliver it to the complainant within 7 days from the date of making the decision; If a case is decided to be filed, a written notice shall be sent to the complainant and the defendant within 7 days from the date of the decision, and a copy of the complaint shall be sent to the defendant, who shall submit his defense and evidence within 15 days. If the defendant fails to submit a statement of defense, the trial of the case shall not be affected. For collective labor disputes involving more than 30 workers on one side, the arbitration committee shall decide whether to accept or not within 3 days from the date of receiving the petition. If the arbitration commission decides to accept the case, it shall notify the parties by notice or announcement. If both parties have entrusted agents, a written power of attorney shall also be submitted. 2、 The investigation and evidence collection arbitration commission has the right to require the parties to provide or supplement evidence. If the parties are unable to obtain evidence due to objective reasons, or if there are doubts in the appeal and defense of both parties, the Arbitration Commission may, on its own authority, learn about the situation and collect evidence from the relevant units and insiders. In case of problems that need to be investigated or identified, it shall submit them to the legal department for investigation or identification; If there is no statutory department, the arbitration commission shall entrust the relevant departments to conduct inspection or appraisal. 3、 On the basis of ascertaining the facts of the dispute, the arbitration mediation shall be presided over by the arbitration tribunal or arbitrators. The labor dispute cases shall be mediated first. If an agreement is reached through mediation, the arbitration commission shall prepare an Arbitration Mediation Statement, which shall be signed by both parties, signed by the arbitrators, sealed by the arbitration commission and served on the parties. If mediation fails, the arbitration tribunal shall promptly arbitrate. 4、 The arbitration tribunal shall deliver a written notice of the time and place of the hearing to the parties 4 days before the hearing. During the hearing, the appellant's appeal and the respondent's defense shall be heard, and the arbitration tribunal shall conduct on-site investigation, preside over the debate, solicit the final opinions of both parties, and then conduct mediation. If both parties fail to reach an agreement or are unwilling to accept mediation, the arbitration tribunal shall make an award and prepare an Arbitration Award and deliver it to both parties. If the parties are not satisfied with the arbitration award, they may bring a lawsuit to the people's court within 15 days from the date of receiving the award. The award of not bringing a lawsuit within the time limit shall become legally effective. If one party fails to enforce, the other party may apply to the people's court for compulsory enforcement. The arbitration committee shall finish the handling of labor dispute cases within 60 days after receiving the arbitration application. If the case is complicated and needs to be postponed, an extension of 30 days can be granted upon approval. The handling of collective labor disputes should be completed within 15 days from the date of the formation of the arbitration tribunal. If the case is complicated and needs to be postponed, it can be extended for 15 days.