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How to compensate for the failure to sign the liability for breach of contract (what to do if the shop purchase contract is breached)

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How to compensate for the failure to sign the liability for breach of contract (what to do if the shop purchase contract is breached)


        

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  • 2024-06-10 04:00:02

    The way to deal with the breach of the contract period of the shop leased house is to require the lessee to continue to perform the contents of the contract and continue to lease within the contract period; The lessee shall pay corresponding liquidated damages to the landlord as compensation; If no liquidated damages are specified in the contract, both parties may settle the matter through consultation.

    List of contents of this article:

    1. How to deal with the breach of the lease contract? 2. Should we bear the liability for breach of contract for keeping pets?

    How to deal with the breach of the lease contract?

    The way to deal with the breach of contract period of the shop rental house is: the landlord can be required to continue to perform the contract, that is, continue to lease within the lease period agreed in the lease contract; The landlord can be required to bear the liability for breach of contract as agreed in the lease contract.

    If the contract does not stipulate the liability for breach of contract, or the losses caused are greater than the liquidated damages paid by the lessee, the lessee may claim corresponding damages. If both parties fail to reach an agreement, the lessor can also bring a lawsuit to the court to resolve the dispute.

    The liability for breach of contract has a certain arbitrariness. The parties may agree in advance or afterwards on the manner and extent of bearing the liability for breach of contract, but such agreement shall not be obviously unfair. If the penalty is too high or lower than the actual loss caused by the breach of contract, the court may reduce or increase it according to the request of the parties to reflect the requirements of legal fairness.

    Should we bear the liability for breach of contract for keeping pets?

    Breach of the lease contract for keeping pets shall be liable for breach of contract.

    Civil Code of the People's Republic of China

    Article 577 If a party fails to perform its contractual obligations or fails to perform its contractual obligations in accordance with the agreement, it shall be liable for breach of contract by continuing to perform, taking remedial measures or compensating for losses.

    Article 578 If a party expressly states or indicates by its own conduct that it will not perform its contractual obligations, the other party may request it to assume liability for breach of contract before the expiration of the time limit for performance.

    Article 579 Where a party fails to pay the price, remuneration, rent or interest, or fails to perform other monetary obligations, the other party may request payment.

    Article 580 Where a party fails to perform a non monetary obligation or fails to perform a non monetary obligation in accordance with the agreement, the other party may request performance, except in any of the following circumstances:

    (1) It cannot be performed in law or in fact;

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

    (3) The creditor fails to request performance within a reasonable period of time.

    If the purpose of the contract cannot be realized due to one of the exceptions specified in the preceding paragraph, the people's court or arbitration institution may terminate the contractual rights and obligations at the request of the parties, but this does not affect the assumption of liability for breach of contract.

    Article 583 If a party fails to perform its contractual obligations or fails to perform its contractual obligations in accordance with the contract, and after performing its obligations or taking remedial measures, the other party has other losses, it shall compensate for the losses.

    Article 584 Where a party fails to perform its contractual obligations or fails to perform its contractual obligations in accordance with the contract, thereby causing losses to the other party, the amount of damages 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; However, it shall not exceed the possible losses caused by the breach of contract that the breaching party foresaw or should have foreseen when concluding the contract.

    If there is any unclear or new situation, we suggest you directly ask questions online to understand the situation of the communication case. The idle lawyers of the intelligent matching platform will give you detailed and targeted answers, and try to explain the general situation to avoid incorrect answers due to incomplete information and poor communication. I wish success in safeguarding human rights.

    J***

    2024-06-10 04:00:02

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