Non-performance Of The Entertainer Brokerage Contract And Its Remedies

The case between Chinese Entertainment Shanghai Limited and Gengxin Lin caused fierce debate between the legal science community and the practice community.The main focus of the controversy lies in the nature of the contract,whether the parties have the right to terminate the contract,whether there is any possibility of continued performance,whether there is a default between the two parties,and how to determine the amount of default.In such cases,we should mainly discuss the non-fulfillment and relief of the performing arts brokers contract.In particular,we first make a brief introduction to the case of Lin,the focus of the dispute and the result of the adjudication,followed by a preliminary analysis of the case.The case of the dispute over the contract between Lin and the company is examined thoroughly.The analysis of controversy in this case is mainly on whether there is a violation of the two sides and examining the decision of the court.The performing arts brokers contract have the characteristics of a variety of contracts such as agents contract and brokers contract.Other characteristics need to be determined according to the contents of the contract involved,so the nature of performing arts brokers contract is a composite contract.A valid contract is legally binding on both parties,and neither party may change or rescind the contract without authorization.During the contract period,the company performed the contract with Lin without any fault and breach of contract.They made arrangements for Lin to participate in films and television dramas and commercial endorsements.They also carried out a comprehensive commercial promotion for Lin according to the contract terms,with earrings generated from Lin’s works.The company fully fulfilled the contractual obligations agreed upon by both parties.Therefore,he should bear the full responsibility for the consequences.First of all,we should clarify the academic concept of performance and non-performance of contracts,and then analyze whether there is the existence of the statutory right to terminate and arbitration in this case.Since the contract involved is a composite contract,the parties cannot exercise the right to terminate the commission contract,and at the same time,the contract limits,to a certain extent,Lin to looking for jobs on his own without agency’s permission during the contract period.Lin’s career development in the showbiz industry basically relies on the company,so thecontract has the personal attachment character.The question of whether the contract involved can be terminated is further discussed in the next section.Since the case involved has the personal attachment character,Lin’s acting is irreplaceable.The loss of confidence between the two sides results in failure to continue the cooperation between the two parties and thus the contract does not exist the possibility of continued performance.As for the loss of the company due to the unilateral resignation of Lin,the other party may claim its rights.In the case of Lin,we can clearly see that the three main points of contention in the case of performing arts brokerage contract are the nature of performing arts economic contract,the issue of unilateral cancellation of artists and how to calculate the losses of the brokerage company.And these three points,also cause the performing arts agent dispute the most important reason.This paper analyzes the non-performance and relief of the contract between Lin and Chinese Entertainment Shanghai Limited.This paper analyzes the nature of the performing arts brokerage contract by means of case study,and then discusses the problems related to the non-performance of the performing arts brokerage contract,especially how to judge the non-performance of the contract,whether the breaching party has the right to cancel the contract,whether the complying party has the right to request the continuation of performance,and the limit of breach of contract.The determination of the amount of contractual default is the innovation and breakthrough of the case study.As for the determination of the amount of liquidated damages in contracts,the academic circles so far have no clear rules or a uniform template.In practice,it is often found that the amount of liquidated damages is determined by the conventional proportion or approximate amount,which often leads to dissatisfaction of the parties with the result of the judgment.Therefore,it is proposed to discuss the basis and amount of liquidated damages for such contracts.