Traditional Culture Encyclopedia - Hotel franchise - Wedding banquet hotel breach of contract

Wedding banquet hotel breach of contract

Breach of contract means that the parties to a contract violate their contractual obligations. Breach of contract is the basic component of liability for breach of contract. Without breach of contract, there is no liability for breach of contract.

This is an expected breach of contract.

Anticipatory breach of contract, also known as premature breach of contract, premature breach of contract and anticipatory breach of contract, refers to a contract legal system in which one party expressly or implicitly fails to perform the contract before the performance period stipulated in the contract comes, thus causing certain rights and obligations between the parties. Anticipatory breach of contract system originated from Anglo-American law. The establishment of this system can reduce the actual losses of both parties to a lower limit, which is conducive to protecting the interests of the observant party, enabling the observant party to terminate the contract in time and sign other remedial contracts to realize its expected economic benefits, in line with the principle of fairness of the law. Therefore, not only the Uniform Commercial Code of the United States clearly stipulates the system of anticipatory breach of contract, but also 1980 United Nations Convention on Contracts for the International Sale of Goods stipulates the system of anticipatory breach of contract. China's "Contract Law" absorbs and draws lessons from the system of anticipatory breach of contract in Anglo-American law. It is stipulated in Article 108 that "if one party explicitly expresses or shows by his own behavior that he will not perform his contractual obligations, the other party may require him to bear the liability for breach of contract before the expiration of the performance period." Theoretical and practical circles agree that this provision establishes the system of anticipatory breach of contract.