Traditional Culture Encyclopedia - Hotel franchise - How to deal with the breach of contract at the wedding hotel?
How to deal with the breach of contract at the wedding hotel?
How to deal with the breach of contract at the wedding hotel?
The handling methods for breach of contract of wedding hotels can be summarized as follows:
1, unilateral breach of contract
The so-called anticipatory breach of contract, called premature breach of contract, refers to a party's express or implied failure to perform the contract before the expiration of the contract performance period. The essence of anticipatory breach of contract is a kind of breach of contract, which can be divided into express breach of contract and implied breach of contract. The so-called express breach of contract means that before the contract performance comes, one party clearly and unambiguously expresses to the other party that it will not perform its contractual obligations. Broadcast breach of contract can be written or oral. The so-called implied breach of contract means that the parties predict that they will not perform their contractual obligations according to the behavior of the other party before the contract performance period comes.
Its composition conditions are:
(1) The debtor's behavior conforms to the law;
(2) The observant party has conclusive evidence to prove that the other party has the above situation;
(3) The breaching party is unwilling to provide appropriate performance guarantee.
2, self-help means
For anticipatory breach of contract, the observant party has the right to terminate the contract, unilaterally terminate the international contract and demand compensation from the other party. This provision is more suitable for express breach of contract. However, for implied breach of contract, it is inappropriate for the observant party to take measures to terminate the contract for fear that it is difficult to grasp the exact evidence of the other party's breach of contract. You can refer to the relevant provisions to suspend the performance of the contract or suspend the performance or preparation of the contract to avoid expanding your own economic losses. Immediately notify the other party to provide appropriate performance guarantee within the expected period. If the other party fails to provide appropriate guarantee within the processing period, it shall be deemed as a clear breach of contract by the other party, and at this time, the contract can be terminated according to law and compensation for losses can be demanded. This self-help measure is similar to the defense of uneasy performance.
3. Judicial relief
If one party breaches the contract, the other party may require it to bear the liability for breach of contract before the expiration of the performance period. Such measures are easy to operate for express breach of contract; However, for implied breach of contract, the observant party must grasp the exact evidence of the other party's expected breach of contract before resorting to the law, otherwise it will be unfavorable to itself because of insufficient evidence.
Step 4 wait for the show
When one party is expected to breach the contract, the other party can insist on the validity of the contract, ask or wait for the other party to perform the contract because of waiting, see if the other party's attitude has changed, and then decide whether to take corresponding measures. For express breach of contract, the observant party should explicitly ask the other party to withdraw the notice of breach of contract, instead of just waiting for the other party to perform it, so as not to expand the loss. For implied breach of contract, the observant party has no definite evidence to prove the other party's breach of contract at this moment, and can wait for the other party's due performance; If the other party fails to perform at the due date, it may be held liable for breach of contract according to the actual situation of non-performance, or it may terminate the contract according to law and demand compensation for losses.
Breach of contract refers to breach of contract debt, also known as non-performance of contract debt. In view of the breach of contract, it can be solved by self-help, judicial relief and waiting for performance. For the legal breach of contract, the breaching party needs to bear the corresponding liability for breach of contract. The liability for breach of contract refers to the civil liability that the parties should bear according to law if they fail to perform their contractual obligations or the performance of their contractual obligations is not in conformity with the agreement.
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