On Liability For Breach Of Contract Of The Golf Membership Card

since Golf was introduced to China, most of the courses are operated by membership.Between the disputes increased between the clubs and the members when this sportpopularizes gradually. At present, when the courts dealing with the membership carddisputes, they generally use the "contract law of the people’s Republic of China"(hereinafter referred as the "contract law"). Because there is no specific provision aboutmembership card in our country, we often classify it as the nameless contract, generallyfollow the "contract law" provisions of the general provisions of the law. However, becausethe membership card itself has the particularity which is different from other forms ofcontract,"contract law" articles does not completely solve all disputes.The golf membership card is a starting point of membership card system research in thisartical, it makes this artical more specifically and deeply. The golf is an emergingentertainment industry, its nature is different from the general form of economic activity,golf club‘s operation is also effected by a large amount of administrative interventionexcept the general laws of the market.By the effection of administrative intervention, theoperational activities will be restricted, it may give the exercise of membership rightsimpede. This paper analyses the liability for breach of contract of the golf membershipcard’s parties ‘behavior, it also analyses he default liability waiver combined with thepolicy change for further.Through this research, for the golf membership card’s liability for breach of contract, inthe application of imputation principle, should still adhere to the principle of strict liability.As a result of losses caused by breach of contract, should first define the responsibilities ofboth parties, for the loss of one party, the other party shall be given compensation. Second,the membership card appreciation of the problem, should be carried out according to theprovisions of the contract negotiation, for is not specified in the contract, should beinterpreted in accordance with the purpose of the contract, if the member to purchase themembership card of the original intention was to play golf, then in the retreat, the club willnot be pay for the compensation of the appreciation. But if the member in the premise ofcharacter of the terms of the contract, transfer the membership card and obtain interestsfrom it without giving the club loss, the club should not hold responsible for transferingmembership card, and at the same time safeguard the right of membership card ‘s reciever.