Excessive Adjustment Of Liquidated Damages

Liquidated damages is a form of a breach of contract what is according to the principle of freedom of contract to pre-determined the amount of liquidated damages. breach of contract issues is an important institutional arrangements what have some theoretical value and obvious practical significance. Liquidated damages as a remedy major parties to the contract, is not only quickly and easily, but also can save the trouble that the court have to waste time in the calculation of losses what is conducive to the effectiveness of court work, and the breach of contract will play the role of warning and supervisory to urge the parties to perform the obligations."Contract Law" contacts the breach of contract with the loss, and give judge or arbitrator some discretion," interpretation of contract law" and whether provides the liquidated damages shall be determined in a variety of comprehensive standard is too high, but whether it is "Contract Law" or "interpretation of contract law" does not clearly provide how to define the liquidated damages as "too high", how to adjust the rangement of the excessive liquidated damages what leading to theory and judicial practice on the issue of liquidated damages knowledge is not uniform, resulting in the processing of specific cases, either judges or lawyers, are often confused and disoriented to the application of liquidated damages.View of this, this article will study a number of important basic issues of excessive liquidated damages from how to define the penalty is too high, the necessity to adjust the excessive liquidated damages, the defects to adjust the excessive liquidated damages and a variety of factors what considered in breach of contract adjustment system and the adjustments from the application of the subject, body, the way of allocation of the burden of proof, the judge interpretation right and other aspects of a more in-depth On this basis, and then I put forward some of my own immature views and suggestions.