The Analysis On The Case Of Sales Contract Dispute Between Heshun Company And Liancheng Company

Contract interpretation、breach of contract、Infringement and compensationbenefits available are the key problem to guaranteed contracts to realize. The case ofSales Contract Dispute Between HeShun Company And LianCheng Company reflectthe above problems typically.There are three focus of controversy.The firse, whetherthe LianCheng company have the right of taxi franchise.The second,whether theobjection to jurisdiction is right.The third,whether the calculation method of thecompensation benefits available is right.The first problem depends on the explanationto the exclusive right to operate. Mutual agreement stipulate the LianCheng companyhave the right of exclusive right to operate.But it dose not stipulate that whether theagency of taxi is part of the exclusive rights exactly. So,we use literal interpretationand teleological interpretation on the exclusive right to operate.We could kown theexclusive rights contain taxi franchise.The second problem depends on whether theHeShun company tort liability.If the HeShun company undertake the tort Liability,The court of the place where the tort happend and the place where the defendant liveshave the jurisdiction.So the court of YueTang have the right of jurisdiction.When theHeShun company have the responsibility of breach of contract, the court of the placewhere the defendant lives and the place where the performance of the contract havethe jurisdiction.So the court of YueTang dose not have the right of jurisdiction.Clarify the difference between the infringement and the breach of contract by theangle of nature about breach of duty and the violations of the object.We could konwthe objection of the jurisdiction is right.The third problem depends on the principleand the calculation of compensation benefits available method is right or not.We mustfollow the principle and the calculation of compensation benefits available method.Combines the merits,we must choose the right method.