Appropriate handles the incident of nonperformance contract, enhance company venture to be on guard

Case:

On October 10, 2018, a company and B company sign a contract, bilateral agreement on November 1, 2018, b company offers 100 tons of flour for A company, but A company needs to pay the deposit of 15% first to B company, etc the rest pays all payment for goods after receiving money.

On November 1, 2018, b company fails to press deliver the goods about. On November 15, 2018, b company storehouse breaks out conflagration, suffer huge loss, after fire happening, b company does not have consign 100 tons of flour, also refus does not return deposit.

Doubt: When contract of B company nonperformance, how can be A company done?

Basis " contract law " relevant provision:

1, perhaps fulfill a contract to not agree with when contract of one party nonperformance agreement is time, party is OK resort people court, break a contact of plea court decision just is assumed continue to fulfill, take remedial action perhaps compensates for the responsibility of breach of contract such as the loss.

2, nonperformance of party one party is not monetary debt to perhaps fulfill blame money debt not to accord with an agreement, the other side can ask to fulfill, but the except that has one of following state:

(one) jural perhaps cannot fulfill in fact;

(2) the unwell Yu Jiang of the mark of debt is made fulfill or fulfill charge exorbitant;

(3) creditor did not ask to fulfill inside reasonable time.

3, quality does not accord with an agreement, ought to undertake responsibility of breach of contract according to the agreement of party. Ambiguous to responsibility of breach of contract did not agree or agreeing, the 61st regulation still cannot define according to contract law, get damages what root occupies mark property and losing bulk, the other side of demand of OK and logical choice is assumed repair, change, re-act, return money, reduce cost or the responsibility of breach of contract such as pay.

4, obligation of contract of nonperformance of party one party perhaps fulfills contract obligation not to accord with an agreement, fulfilling obligation or after take remedial action, the other side still has other losing, ought to recoup a loss.

5, obligation of contract of nonperformance of party one party perhaps fulfills contract obligation not to accord with an agreement, cause losing to the other side, the loss compensates for the forehead to ought to be equivalent to the loss that causes because of place of break a contact, include the interest that after the contract is fulfilled, can acquire, but the loss that must not exceed one party of breach of contract to because breach of contract may be caused,order what when signing a contract, see beforehand or ought to see beforehand.

6, of conventional penalty due to breach of contract, can ask break a contact just pays penalty due to breach of contract.

7, have deposit: Of the debt that the one party nonperformance that receives deposit agrees, ought to times doubler return return deposit.

8, cannot fulfil a contract because of force majeure, according to the influence of force majeure, the part perhaps avoids responsibility entirely, but the except that law has a regulation additionally. Force majeure happens after party is fulfilled tardily, cannot exempt responsibility of breach of contract.

In this case, b company fails to press arrange delivery 100 tons of flour already made break a promise, right now A company can talk things over with B company, talk things over in both sides dispute is settled below consistent case. If B company rejects to talk things over or do not talk things over, a company is OK company of B of resort court requirement undertakes responsibility of breach of contract.

If B company still is had,honor the agreement ability, a company also hopes to continue to fulfil a contract, criterion A company but company of B of resort court requirement continues to fulfil a contract.

If B company already was lost after conflagration,fulfill ability, essential and faint consign 100 tons of flour. Basis " contract law " the 116th regulation: "Party agrees already break a contact, agree again when the one party break a contact of deposit, the other side can choose applicable penalty due to breach of contract to perhaps decide metal bar money. " A company is OK appeal B company undertakes responsibility of breach of contract, recoup a loss. Or appeal is applicable deposit clause, requirement B company times doubler return return deposit.