Traditional Culture Encyclopedia - Travel guide - What to do if the contract is torn up?
What to do if the contract is torn up?
1. Legal analysis: Unilateral tearing up of a contract is a breach of contract and requires payment of liquidated damages and compensation. If both parties to the contract tear up the contract without negotiation, they will be liable for breach of contract and pay the liquidated damages stipulated in the contract. This must be paid regardless of whether there is any loss to the other party. If one party tearing up the contract will cause losses to the other party, and this loss cannot be compensated by liquidated damages, then the party tearing up the contract needs to pay corresponding compensation. In addition to compensation for unilaterally breaking the contract, you may also be required to continue to perform contractual obligations within a certain period of time. 2. Legal basis: Article 577 of the "People's Republic of China and Civil Code" If a party fails to perform its contractual obligations or performs its contractual obligations inconsistently with the agreement, it shall bear liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses. . Article 584 If one party fails to perform its contractual obligations or performs its contractual obligations inconsistently with the agreement, causing losses to the other party, the amount of compensation shall be equal to the losses caused by the breach of contract, including the benefits that can be obtained after the contract is performed; however, this shall not The losses that may be caused by the breach of contract exceed those that the breaching party foresees or should have foreseen when entering into the contract.
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