The Rules Of Risk Bearing And Its Relationship With The Breach Of Contract

There are a lot of provisions of contract law that are made for the risk bearing but there are lots ofdoubts about how to apply the statutes of risk bearing, as well as how to deal with the relationship between risk bearing and the breach of contract. We should first clarify the specific conditions fit for the risk bearing before we can figure out this problem. The premise is to figure out what kind of risk this refers to. On contract generally the risk we refers to is the risk of being unable to perform under contract or the risk of being unable to get the refund for the goods which have been damaged.The seller must first specify the goods they intent to sell. If they do not specify the goods they want to sell, the seller will still be held accountable for the obligations under the contract. If they have specified the goods before the loss of goods occur, they will be relived from the obligations they have under the contract. If the seller is relived from the obligations, the next issue is how to deal with the obligations of buyer. If buyer still has to pay for the goods that have already been damaged, it means the buyer bears the risks. If the buyer do not need to pay for the goods that have already been damaged, it means the seller bear the risks. But this is a tradition way to look at this question. It focus on the performance of the contract. I decide to provide readers with a new way to look at this problem by focusing on the real legal effect it has when applying rules of risk bearing.When we look at this problem, first we should judge whether the obligations of seller have been fulfilled。If the obligations have been fulfilled,there is no necessary to talk about risk bearing.The place of performance is critical to judge who bear the risk of damage. According to the contract law, if there is no agreement between the parties as to the place to deliver, if the subject matter needs carriage, the seller shall deliver the subject matter to the first carrier so as to hand it over to the buyer. This kind of contract is the most difficult one because it is not clear whether the seller’s obligations have been fulfilled after the seller delivers the subject matter to the first carrier. If the seller has fulfilled his obligations, then there will be no risk bearing. If the seller did not fulfill his obligations, then what kind of obligations does he have after delivering of goods.Not only should we judge whether the obligations exist, criterion of liability remains to be a question. How to adjust it to make it at peace with the provisions about the breach of contract still needs to be solved. This is also the main topic I am going to discuss in the article.