On The Sales Agent Contract In Terms Of The Legal Nature Of Sales Tasks And Breach Of Responsibility

With the rapid development of our country's economy, the sales agency business model has become one of the important forms of the market development,and the sales agency contract has become an important form of contract in the field of contract.But our country almost no scholars of this kind of contract theory research, existing laws and regulations about which there is no relative to the explicit provisions, resulting in sales agent contract forms and legal nature of fuzzy,unknown definition of rights and obligations between the main contract, such as the plaintiff a company sued the defendants, company B contract dispute case.In case both parties the focus of controversy for the terms of the defendant company B is a violation of the sales agent contract of sales tasks and should bear the responsibility,court in accordance with the provisions of nameless contract in China identified a company A and company B signed a contract as a sales contract, both sides is contract for the sale of legal relations.Therefore, the sale of the terms of the task of the provisions of the purchase of steel, B company in the performance of the contract did not complete the sales task, constitute a breach of contract and bear the responsibility for the loss of the interests of Party A.But the author thinks that the court only stay in the contract clause between the plaintiff and the defendant of delivery and payment, as stipulated in the contract, the plaintiff and the defendant both sides in addition to the delivery and payment performance of other contract behavior in the don't ask, such as company B for the goods from the behavior of the agents, publicity and so on, so the decision determine the legal nature of the plaintiff and defendant, the two sides signed the contract and sales tasks in terms of and the application of the law in biased.