Analysis Of Furun Company And Rendihe Company Contract Breach Of Contract Dispute Case

Damages for breach of contract is a kind of liability for breach of contract the parties determined in advance, according to the principle of freedom of contract, in the contract the parties may have the amount of default payment and payment terms agreed by the parties, the contract law breach of responsibility in the arrangement of the core system, not only has considerable theoretical value of liquidated damages adjustment problems, but also has obvious judicial the practice significance. Gold as a contract party important remedies for breach of contract, not only fast, but also saves the court in the calculation of loss problems, reflect the benefit principle of modern legislation, and breach of contract of the parties also have some warning, supervisory role. "Contract law" will default with gold and losses caused by breach of contract, discretion and give the judge or arbitrator to adjust the amount of liquidated damages, but for the "contract law" provisions "is much more than the" how to identify and how to adjust the default payment, either in theory or in the judicial practice, there seems a clear standard, but to grasp the process in the specific case, whether it is applicable for breach of the judges or lawyers often feel awkward and difficult, so far "pop" a such as by the lending interest rate four times make it rigidly uniform practices. In view of this, this article through the analysis of the Furun company and benevolence and company contract disputes case, discuss the breach, high default payment standards for identification, to determine the amount of breach of contract, on the basis of both parties claim basis, adjust the action strategies, in accordance with the existing foundation of right of claim and the judicial practice or experience in breach of contract and breach of contract, that make the advantage position in the adjustment of gold.