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Under what circumstances should we be liable for breach of contract? Principle of performance of liability for breach of contract

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Under what circumstances should we be liable for breach of contract? Principle of performance of liability for breach of contract


        

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  • 2024-06-16 20:00:47

    In this contract society, people with contract spirit deserve praise, but sometimes there are those who ignore the contract, do not have any contract spirit, and break the contract as usual. At this time, if the other party breaches the contract, we will safeguard our legitimate rights and interests through legal means, and give the other party a penalty for breach of contract. Then, what is the principle of liability for breach of contract, and under what circumstances it is a breach of contract, may still be unclear to many small partners. Today, the lawyer will tell you.

    The so-called principle of liability for breach of contract, also known as the principle of liability fixation for breach of contract, refers to the principle of whether the defaulter should bear the liability for breach of contract. The principle of liability for breach of contract is generally divided into two types, one is the principle of fault liability; The other is the principle of no fault liability, also known as the principle of strict breach of contract.

    1. Principle of fault liability

    The principle of fault liability refers to that when one party fails to perform its contractual obligations or does not perform its contractual obligations in accordance with the contract, fault should be taken as the element of determining liability and the basis of determining the scope of liability.

    2. Strict breach principle

    The principle of strict liability means that no matter whether the defaulting party has subjective fault or not, as long as it fails to perform its contractual obligations or fails to perform its contractual obligations, it must bear the liability for breach of contract.

    Here we can see that the first principle of fault liability is determined from the perspective of moral value orientation. If there is fault, there is responsibility. If there is no fault, there is no responsibility even if there is a breach of contract. This principle is more flexible considering the existence of contract breach caused by some force majeure factors. The second principle of strict breach of contract is one size fits all. No matter what the reason, as long as the breach of contract is committed, we should bear the responsibility and lack flexibility.

    The two principles of breach of contract have their own characteristics and scope of application, but in any case, we must have the spirit of contract and be a person who abides by the contract, so that our society can become more stable and harmonious.

    Le***

    2024-06-16 20:00:47

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