Sell domestic nonperformance contract the agreement, how does compensation of penalty due to breach

Contract beak a contract is to show nonperformance, impropriety is fulfilled, the case that fulfils contract obligation tardily, main reason has nonperformance contract at 3 o'clock, party law consciousness is confine of knowledge of thin, literacy, right main provision takes seriously insufficient.

The netizen seeks advice:

How much is compensation of beak a contract of bargainor nonperformance contract?

Xu Tao's lawyer solves office of attorney of Zhejiang star charm:

Bargainor nonperformance contract, break a contact compensates for amount 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.

" contract law " the 113rd regulation, 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.

Operator is tasted to consumer provider or the service has fraudulent action, according to " rights and interests of consumer of People's Republic of China protects a law " the regulation assumes damages responsibility.

Xu Tao's lawyer is analytic:

How much is compensation of beak a contract of bargainor nonperformance contract

In practice, if bargainor nonperformance contract, because oneself behavior gives buyer the loss that cause,should compensate for. And according to objective computational method, the computation of amount of loss should serve as a standard with the balance between the market price case of goods and contract price, calculating with objective standard when the loss, should note the following problems:

1, the circumstance that the price pattern that this one standard applies to contract award only rises ceaselessly.

If the price of the content of contract award is to be in,drop ceaselessly, so the computational problem that buyer remedies with respect to nonexistent loss. Of course, if behavior of break a contact gave buyer to cause other loss or contract to order,have article of penalty due to breach of contract, buyer still but seek redress or requirement pay penalty due to breach of contract.

2, the market price case that regards computation as basis of amount of loss should be the market price check that performs the ground commonly.

If fulfill the ground to do not have the market, determine objective market value hard, here the circumstance falls, the market value that ought to buy the place that replaces content the most easily with buyer adds reasonable transport costs to regard computation as the basis of amount of loss.

3, when calculating amount of loss, return the charge that should consider all sorts of victims to should be saved and the loss that should reduce.

Because the victim is had after happening of break a contact,reduce losing obligation, if do not have this one obligation, answer to bear loss of this one share by oneself, answer thereby will unreasonable distensible loss is deducted from inside loss amount.

4, if buyer concludes the purpose of the contract is to approve this goods resell at other, and be in resale contract was concluded with other after this contract is signed, so, can be calculated according to the balance between resale value and contract loss.

Because,this is, since buyer concluded with a third party again resale contract, so the balance of resale value and contract price is the benefit that he should get. This kind of benefit is potential the balance of value of prep above market and contract price, likely also the balance under market price case and contract price. It is after happening of break a contact, buyer has the subjective loss that enough evidence proves to he is sufferred actually, should allow buyer to be compensated for accordingly according to this subjective calculative method.