The Cognizance Of The Liability For Breach Of Contract In The Service Contract

In this article on account of case,integrate with the case in dispute for service focal spot analysis problem of the liability for breach of contract,including the cognizance of fundamental breach,the characteristics of the format contract,to the spirit of the volunteer for violation of agreement injury.The essay consists of three parts.The first part: case description and controversy.Mainly introduced the plaintiff leaf so-and-so,Liu Moumou and the defendant of the contract dispute between one culture communication co.,LTD.,the two sides signed the wedding service contract,because the defendant did not with CD and making ceremony of default behavior and make the prosecutor sustained damage,so the accuser accused appealed to the court,and two levels of court judgement consequence of the case.One party have faith in the case composite a fundamental breach of contract involved in format contract,can be on account of duty for breach of compact claim compensation for mental damage,the other side considers that this cause does not constitute a fundamental breach,wedding service contract does not belong to the format contract,only according to the tort liability of compensation for mental injury claims.The second part: case evaluation.This chapter mainly analyze the focus of controversy case.The origin of the first,this article introduces the fundamental breach of contract,the concept,characteristics and constitutive requirements,from the constitutive requirements and the main formation of fundamental breach to analyze this case the defendant's breach does not make up a radical breach of contract.Secondly,the notion and feature of layout contract,from the analysis on the feature of the layoutcontract using the contracts do not belong to the format of the contract.Finally,in terms of mind injures make up for liability for breach of contract,this paper introduces the situation of theory and study in our country on now,according to the need for the duty for breach of pact may require compensation for mental damage and constitutive requirements,the analysis of the defendant's act in line with the mind of the duty for breach of contract injures the nature of demand,the second instance court verdict rationality,which for the determination of the amount of the standard.The third part,thinking and Suggestions.Mainly includes the return contract fees how to determine the amount and type deposit in the case of thinking in this paper.